Legal Opinion
State v. Simek
North Dakota Supreme Court
Decided July 1, 1993No. Cr. 930025PublishedCited by 5 opinions
1Opinion of the Court
SANDSTROM, Justice.
In this case we determine if a trial judge can grant a late motion for a new criminal trial.
The State of North Dakota appeals from an order granting a motion for new trial on the class B misdemeanor charge of driving while having a blood alcohol concentration of .10% or greater. We reverse because the trial court was without jurisdiction to grant the motion.
On October 5, 1991, Richard Allen Simek was arrested in Stark County and charged with violating N.D.C.C. § 39-08-01. The complaint charged that the defendant “operated a motor vehicle while under the influence of drugs…
2Cases cited11 opinions
- United States v. J. Marshall BrownCourt of Appeals for the Fifth Circuit · 1979
- United States v. Frederick Edward HazeemCourt of Appeals for the Ninth Circuit · 1982
- State v. GibsonNorth Dakota Supreme Court · 1938
- State v. McClellandNorth Dakota Supreme Court · 1943
- United States v. Alberto Cruz FontanezCourt of Appeals for the First Circuit · 1980
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- City of Fargo v. McLaughlinNorth Dakota Supreme Court · 1994
- State v. EbertzNorth Dakota Supreme Court · 2010
- State v. AzureNorth Dakota Supreme Court · 1994
- Holkesvig v. WelteNorth Dakota Supreme Court · 2012
- State v. DominguezNorth Dakota Supreme Court · 2012