Legal Opinion

State v. Davenport

North Dakota Supreme Court

Decided August 29, 1995No. Crim. 950006PublishedCited by 27 opinions

1Opinion of the Court

MESCHKE, Justice.

The State appeals from an order dismissing an information charging Jerry Davenport with gross sexual imposition for contact with a child under the age of fifteen. Because we conclude that the trial court improperly considered evidence of facts not stated in the information, we reverse and remand.

Davenport was charged with two counts of gross sexual imposition for alleged sexual contacts with his daughter, when she was under the age of fifteen, in December 1982 and December 1988. The complaint was filed on July 28, 1994. Davenport waived a preliminary hearing and the…

2Cases cited33 opinions

  1. Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
  2. In Re EstradaCalifornia Supreme Court · 1965
  3. Republic National Bank of Miami v. United StatesSupreme Court of the United States · 1992
  4. Falter v. United StatesCourt of Appeals for the Second Circuit · 1928
  5. Danforth v. Groton Water Co.Massachusetts Supreme Judicial Court · 1901

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3Cited by27 opinions

  1. Stogner v. CaliforniaSupreme Court of the United States · 2003
  2. White v. Altru Health SystemNorth Dakota Supreme Court · 2008
  3. State v. GoebelNorth Dakota Supreme Court · 2007
  4. State v. GoebelNorth Dakota Supreme Court · 2007
  5. Overboe v. Farm Credit Services of FargoNorth Dakota Supreme Court · 2001

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

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