Zahn v. Graff

Douglas Zahn petitioned for a supervisory writ requiring the Burleigh County District Court to review his finding of guilt of a speeding charge. We conclude that Zahn is entitled to a review of the finding of guilt and direct Judge Benny Graff, Presiding Judge of the South Central Judicial District, to assign a district judge to hear the appeal as provided by statute.

The facts, as briefly stated for purposes of this opinion, are that on February 9, 1995, Thomas J. Schneider, Judge of the District Court for Burleigh County, found by the greater weight of the evidence that Zahn had exceeded the…