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State v. Clements

Supreme Court of North Dakota

October 22, 2013

STATE of North Dakota, Plaintiff and Appellee
v.
Michael CLEMENTS, Defendant and Appellant.

Editorial Note:

This decision appears in the reporter in a table titled 'Supreme Court of North Dakota Affirmances by Summary Opinion', published quarterly by rule. See N.D.R.App.P., Rule 35.1

Appeal from the District Court of McIntosh County, South Central Judicial District, the Honorable Thomas J. Schneider, Judge.

Terry W. Elhard, Ashley, ND, for plaintiff and appellee.

Bryan D. Denham, Bismarck, ND, for defendant and appellant.

PER CURIAM.

[¶ 1] Michael Clements appealed from a criminal judgment entered after a jury found him guilty of disorderly conduct in violation of N.D.C.C. § 12.1-31-01. On appeal, Clements argues the district court erred when it failed to grant his motion for dismissal based upon an alleged Brady violation. We affirm the district court under N.D.R.App.P. 35.1(a)(4) and (7). See Brady v.. Maryland, 373 U.S. 83, 87 (1963); City of Grand Forks v. Ramstad, 2003 ND 41, ¶ 10, 658 N.W.2d 731 (holding the evidence at issue must be favorable to the accused, either because it is exculpatory, or because it is impeaching).

[¶ 2] GERALD W. VANDE WALLE, C.J., DALE V. SANDSTROM, DANIEL J. CROTHERS, MARY MUEHLEN MARING, and CAROL RONNING KAPSNER, JJ., concur.


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