Legal Opinion
City of Mandan v. Fern
North Dakota Supreme Court
Decided June 16, 1993No. Cr. 920274PublishedCited by 24 opinions
1Opinion of the Court
LEVINE, Justice.
Scott Fern appeals from a county court judgment, entered upon a jury verdict, finding him guilty of driving while under the influence of alcohol. We hold that the question of whether the prosecution violated the equal protection clause of the fourteenth amendment of the United States Constitution in the exercise of its peremptory challenges during jury selection must be answered by the trial court and we remand for that purpose.
On December 5, 1991, Fern was arrested in Mandan and charged with driving while under the influence of alcohol. On the day of trial, the jury panel…
2Cases cited40 opinions
- Texas Department of Community Affairs v. BurdineSupreme Court of the United States · 1981
- Batson v. KentuckySupreme Court of the United States · 1986
- Hernandez v. New YorkSupreme Court of the United States · 1991
- Swain v. AlabamaSupreme Court of the United States · 1965
- Powers v. OhioSupreme Court of the United States · 1991
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3Cited by24 opinions
- Flanagan v. StateNorth Dakota Supreme Court · 2006
- Little v. GraffNorth Dakota Supreme Court · 1993
- State v. FlanaganNorth Dakota Supreme Court · 2004
- People v. LannAppellate Court of Illinois · 1994
- McCrothers Corp. v. City of MandanNorth Dakota Supreme Court · 2007
19 more not listed; retrieve them via the Exa API.