9 North Dakota opinions name it 1 courts 1981–2008 0 in the last five years
The cases below were cited by North Dakota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Berger v. State Highway Commissionergreen2 sentences2008See Berger v. State Highway Comm’r, 394 N.W.2d 678, 686 (N.D.1986) (stating accuracy of test results should be challenged by cross-examination of the State Toxicologist). 2008See N.D.C.C. § 39-20-07(5), (9); Berger v. State Highway Comm’r, 394 N.W.2d 678, 686 (N.D.1986). | 2 | 2 |
State v. Dillegreen1 sentence1993It was then incumbent upon defendant to suggest a reason why the blood test was untrustworthy.” Dille at 568 (footnote omitted). | 1 | 1 |
State v. Winquistgreen1 sentence1991See, State v. Winquist, 247 N.W.2d 256, 259 (Iowa 1976). | 1 | 1 |
City of Stanley v. Earsleygreen1 sentence1991See, City of Stanley v. Earsley, 463 N.W.2d 920 (N.D.1990). | 1 | 1 |
State v. Webstergreen1 sentence1988The concern is with the competence of the person withdrawing the blood rather than with an occupational label he may have been awarded by a private association.”]; State v. Carter, 446 P.2d 759 , 202 Kan. 63 (1968) [resident doctor *882 who was a foreign medical school graduate was a “qualified technician”]; State v. Taylor, 483 So.2d 250 (La.Ct.App.1986) [police officer who had emergency medical training through police department which included drawing of blood, had attended five weeks of classes in phlebotomy at a local technical institute and was a certified phle-botomist was a “qualified t | 1 | 1 |
Edwards v. Stategreen1 sentence1981See, Edwards v. State of Oklahoma, 544 P.2d 60 (Okla.Cr. 1975); State v. Bryan, 133 N.J.Super. 369 , 336 A.2d 511 (1974). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in North Dakota. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Zimmerman
green
1 sentence2008Id. [¶ 10] Because the prosecutor’s burden of establishing a foundation for admission of chemical test results has been eased by N.D.C.C. § 39-20-07, the defendant’s ability to challenge the accuracy of admitted test results is important. | 1 | 2008–2008 |
Greaves v. North Dakota State Highway Commissioner
green
1 sentence1991Greaves, 432 N.W.2d at 881 . | 1 | 1991–1991 |
State v. Carter
neutral
2 sentences1988The concern is with the competence of the person withdrawing the blood rather than with an occupational label he may have been awarded by a private association.”]; State v. Carter, 446 P.2d 759 , 202 Kan. 63 (1968) [resident doctor *882 who was a foreign medical school graduate was a “qualified technician”]; State v. Taylor, 483 So.2d 250 (La.Ct.App.1986) [police officer who had emergency medical training through police department which included drawing of blood, had attended five weeks of classes in phlebotomy at a local technical institute and was a certified phle-botomist was a “qualified t 1988The concern is with the competence of the person withdrawing the blood rather than with an occupational label he may have been awarded by a private association.”]; State v. Carter, 446 P.2d 759 , 202 Kan. 63 (1968) [resident doctor *882 who was a foreign medical school graduate was a “qualified technician”]; State v. Taylor, 483 So.2d 250 (La.Ct.App.1986) [police officer who had emergency medical training through police department which included drawing of blood, had attended five weeks of classes in phlebotomy at a local technical institute and was a certified phle-botomist was a “qualified t | 1 | 1988–1988 |
McGuire v. State
neutral
1 sentence1988The concern is with the competence of the person withdrawing the blood rather than with an occupational label he may have been awarded by a private association.”]; State v. Carter, 446 P.2d 759 , 202 Kan. 63 (1968) [resident doctor *882 who was a foreign medical school graduate was a “qualified technician”]; State v. Taylor, 483 So.2d 250 (La.Ct.App.1986) [police officer who had emergency medical training through police department which included drawing of blood, had attended five weeks of classes in phlebotomy at a local technical institute and was a certified phle-botomist was a “qualified t | 1 | 1988–1988 |
State v. Welch
green
1 sentence1988The concern is with the competence of the person withdrawing the blood rather than with an occupational label he may have been awarded by a private association.”]; State v. Carter, 446 P.2d 759 , 202 Kan. 63 (1968) [resident doctor *882 who was a foreign medical school graduate was a “qualified technician”]; State v. Taylor, 483 So.2d 250 (La.Ct.App.1986) [police officer who had emergency medical training through police department which included drawing of blood, had attended five weeks of classes in phlebotomy at a local technical institute and was a certified phle-botomist was a “qualified t | 1 | 1988–1988 |
State v. Taylor
neutral
1 sentence1988The concern is with the competence of the person withdrawing the blood rather than with an occupational label he may have been awarded by a private association.”]; State v. Carter, 446 P.2d 759 , 202 Kan. 63 (1968) [resident doctor *882 who was a foreign medical school graduate was a “qualified technician”]; State v. Taylor, 483 So.2d 250 (La.Ct.App.1986) [police officer who had emergency medical training through police department which included drawing of blood, had attended five weeks of classes in phlebotomy at a local technical institute and was a certified phle-botomist was a “qualified t | 1 | 1988–1988 |
State v. Larson
green
1 sentence1983We deemed it appropriate in Larson , in light of the difficulty involved in applying the elements of Brady to evidence intentionally, but not maliciously or fraudulently, destroyed by the State, to adjust the materiality element of the Brady rule to require the defendant to “demonstrate that it is possible to analyze the test ampoule to obtain material evidence reflecting upon the accuracy of the test results.” We also adjusted, in Larson, supra, the favorability element of Brady to require the defendant to demonstrate a reasonable probability that the destroyed evidence, even if material, wou | 1 | 1983–1983 |
State v. Bryan
green
2 sentences1981See, Edwards v. State of Oklahoma, 544 P.2d 60 (Okla.Cr. 1975); State v. Bryan, 133 N.J.Super. 369 , 336 A.2d 511 (1974). 1981See, Edwards v. State of Oklahoma, 544 P.2d 60 (Okla.Cr. 1975); State v. Bryan, 133 N.J.Super. 369 , 336 A.2d 511 (1974). | 1 | 1981–1981 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.