Legal Opinion

State v. Stewart

North Dakota Supreme Court

Decided July 29, 1999No. 980354PublishedCited by 14 opinions

1Opinion of the Court

KAPSNER, Justice.

[¶ 1] Patrick Stewart appealed from an order deferring the imposition of his sentence for making a false claim or statements to the North Dakota Workers Compensation Bureau. We hold the administrative remedy for making a false claim or false statements to the Bureau under N.D.C.C. § 65-05-33 is a civil sanction, and therefore a subsequent criminal prosecution under that statute does not violate the double jeopardy clause of the federal constitution. We affirm.

I

[¶ 2] Stewart received workers compensation benefits for injuries incurred during the course of his employment in…

2Cases cited34 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Blockburger v. United StatesSupreme Court of the United States · 1931
  3. North Carolina v. AlfordSupreme Court of the United States · 1970
  4. Massiah v. United StatesSupreme Court of the United States · 1964
  5. Brewer v. WilliamsSupreme Court of the United States · 1977

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

3Cited by14 opinions

  1. Renault v. North Dakota Workers Compensation BureauNorth Dakota Supreme Court · 1999
  2. State v. LeppertNorth Dakota Supreme Court · 2003
  3. State v. ParizekNorth Dakota Supreme Court · 2004
  4. State v. BergerNorth Dakota Supreme Court · 2001
  5. State v. KellyNorth Dakota Supreme Court · 2001

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API