Legal Opinion

City of Bismarck v. Holden

North Dakota Supreme Court

Decided October 3, 1994No. Cr. 930341PublishedCited by 16 opinions

1Opinion of the Court

SANDSTROM, Justice.

A jury found Craig Holden guilty of driving under the influence of alcohol. Holden appeals from the judgment of conviction, contending a Highway Patrol officer should have been removed from the jury for cause, and the case should have been dismissed or an adverse-inference instruction given because a law enforcement videotape was missing. We affirm.

I

On February 6, 1993, a Bismarck police officer arrested Craig Holden for driving under the influence of alcohol. Holden’s field sobriety tests were videotaped. The case was removed to County Court, and a jury trial demanded.

Durin…

2Cases cited14 opinions

  1. Arizona v. YoungbloodSupreme Court of the United States · 1989
  2. Murphy v. FloridaSupreme Court of the United States · 1975
  3. Frazier v. United StatesSupreme Court of the United States · 1949
  4. United States v. Darrel E. SheltonCourt of Appeals for the Ninth Circuit · 1978
  5. State v. SteffesNorth Dakota Supreme Court · 1993

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

3Cited by16 opinions

  1. Pharo v. Chambers County, Tex.Texas Supreme Court · 1996
  2. State v. SteinmetzNorth Dakota Supreme Court · 1996
  3. State v. SmaageNorth Dakota Supreme Court · 1996
  4. State v. FischerNorth Dakota Supreme Court · 2008
  5. State v. JasterNorth Dakota Supreme Court · 2004

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

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