City of Bismarck v. Holden
North Dakota Supreme Court
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
- Arizona v. YoungbloodSupreme Court of the United States · 1989
- Murphy v. FloridaSupreme Court of the United States · 1975
- Frazier v. United StatesSupreme Court of the United States · 1949
- United States v. Darrel E. SheltonCourt of Appeals for the Ninth Circuit · 1978
- State v. SteffesNorth Dakota Supreme Court · 1993
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