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State v. Brown

Citations

  • 2021 ND 226

Syllabus

A preliminary hearing is not a trial on the merits, and finding of probable cause may be based on hearsay evidence and evidence that would be inadmissible at the trial. The district court's authority to weigh evidence and assess credibility of witnesses at a preliminary hearing is limited. A district court abuses is discretion in refusing to allow the State to present its evidence at a preliminary hearing when testimony is not implausible or incredible.

Judges: McEvers, Lisa K. Fair

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