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State v. Bowen

Citations

  • 985 N.W.2d 636
  • 2023 ND 25

Syllabus

A district court may infer that an event did not occur on the basis of a witness's testimony that she had no recollection of the event occurring combined with testimony of habit or practice about what she would have done if it had occurred. The Confrontation Clause does not apply to non-testimonial hearsay. Reports concerning the installation and inspection of an Intoxilyzer used to perform chemical breath tests do not contain testimonial statements from the state toxicologist requiring him to be produced at trial.

Judges: Tufte, Jerod E.

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