City of Dickinson v. Lindstrom

MARING, Justice.

[¶ 1] Cody Lindstrom appeals from a conviction for driving under the influence of alcohol, in violation of section 39-08-01, N.D.C.C. We conclude section 29-17-46, N.D.C.C., limits the trial court’s discretion with regard to the order in which peremptory challenges may be exercised. We further conclude that although the trial court’s method of permitting “banking” of peremptories was error, reversal is not mandated in this case because the peremptory challenges were actually exercised by the parties in a manner consistent with Rule 24(b), N.D.R.Crim.P., and section 29-17-46,…