State Ex Rel. Koppy v. Graff

JOHNSON, Justice.

The State of North Dakota, through the Morton County State’s Attorney, requested a supervisory writ from this Court to order the District Court for Morton County (District Court) to dismiss without prejudice the charge against Debra Meyer. The District Court refused to allow the State’s Attorney to dismiss and ordered trial in the matter. We grant the writ, but allow the defense, at its discretion, to request an evidentiary hearing to determine allegations of bad faith or misconduct on the part of the prosecution or law enforcement authorities.

The underlying action involves…