Legal Opinion

State v. Bauer

North Dakota Supreme Court

Decided May 27, 2015No. 20140453PublishedCited by 10 opinions

1Opinion of the Court

CROTHERS, Justice.

[¶ 1] James Christian Bauer appeals from a criminal judgment entered upon his conditional plea of guilty to refusal to submit to a chemical test. Bauer pled guilty after the district court denied his motion to suppress and dismiss his charge of refusal to submit to a chemical test. Bauer argues the district court erred in denying his motion when it determined the use of post-arrest, post-Miranda silence did not violate Bauer’s constitutional rights against self-incrimination, due process or the Fifth Amendment. We affirm.

I

[¶ 2] In February 2014, Watford City Police Officer…

2Cases cited15 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  3. Doyle v. OhioSupreme Court of the United States · 1976
  4. South Dakota v. NevilleSupreme Court of the United States · 1983
  5. State v. FieldsNorth Dakota Supreme Court · 1980

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3Cited by10 opinions

  1. State v. O'ConnorNorth Dakota Supreme Court · 2016
  2. State v. KnoxNorth Dakota Supreme Court · 2016
  3. State v. HansfordNorth Dakota Supreme Court · 2019
  4. Alvarado v. N.D. Dept. of TransportationNorth Dakota Supreme Court · 2019
  5. State v. AshbyNorth Dakota Supreme Court · 2017

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

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