Legal Opinion

State v. Higgins

North Dakota Supreme Court

Decided June 3, 2004No. 20030320PublishedCited by 27 opinions

1Opinion of the Court

VANDE WALLE, Chief Justice.

[¶ 1] The State appealed a district court order denying its motion to amend a criminal complaint, granting Randy Brian Higgins’s motion to suppress evidence, and granting Higgins’s motion to dismiss. We reverse and remand.

I

[¶ 2] At 10:30 p.m. on July 12, 2003, Higgins received a citation alleging he committed “the following offense: Operate a motorboat while under the influence in violation of Sec. 20.1-13-07 NDCC ... in violation of Governor’s boating proclamation.”

[¶ 3] Higgins filed a motion to dismiss or suppress evidence. Higgins asserted in his supporting…

2Cases cited12 opinions

  1. Florida v. JimenoSupreme Court of the United States · 1991
  2. State v. KennerNorth Dakota Supreme Court · 1997
  3. State v. Fargo Bottling Works Co.North Dakota Supreme Court · 1910
  4. Scott v. North Dakota Workers Compensation BureauNorth Dakota Supreme Court · 1998
  5. State v. LohNorth Dakota Supreme Court · 2000

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

3Cited by27 opinions

  1. Gray v. North Dakota Game and Fish Dept.North Dakota Supreme Court · 2005
  2. Holbach v. City of MinotNorth Dakota Supreme Court · 2012
  3. Harter v. North Dakota Department of TransportationNorth Dakota Supreme Court · 2005
  4. State v. BachmeierNorth Dakota Supreme Court · 2007
  5. State v. StensakerNorth Dakota Supreme Court · 2007

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

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