Legal Opinion

State v. Fredericks

North Dakota Supreme Court

Decided October 26, 1993No. Cr. 920338PublishedCited by 6 opinions

1Opinion of the Court

LEVINE, Justice.

On appeal, Kenneth Fredericks asks us to reverse his conviction for actual physical control of a motor vehicle while under the influence of alcohol, NDCC § 39-08-01, because, he claims, the jury panel from which his jury was selected was not a fair cross section of the community and thus violated NDCC §§ 27-09.1-01 and 27-09.1-03, infra, the United States Constitution, and the North Dakota Constitution. We find that Freder-icks’ claim of violation of NDCC §§ 27-09.1-01 and 27-09.1-03 is procedurally deficient, and that Fredericks has failed to make a prima facie case under…

2Cases cited8 opinions

  1. Duncan v. LouisianaSupreme Court of the United States · 1968
  2. Taylor v. LouisianaSupreme Court of the United States · 1975
  3. Duren v. MissouriSupreme Court of the United States · 1979
  4. United States v. Ronald Cecil, United States of America v. Patrick Haddix, United States of America v. Odus HayesCourt of Appeals for the Fourth Circuit · 1988
  5. United States v. Marvin Louis GuyCourt of Appeals for the Seventh Circuit · 1991

3 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. State v. TorgersonNorth Dakota Supreme Court · 2000
  2. State v. MarshallNorth Dakota Supreme Court · 1995
  3. State v. SchwabNorth Dakota Supreme Court · 2003
  4. State v. NewmanNorth Dakota Supreme Court · 2007
  5. State v. RoblesNorth Dakota Supreme Court · 1995

1 more not listed; retrieve them via the Exa API.

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