State v. Graff
Citations
- 2024 ND 220
Syllabus
An order dismissing the matter without prejudice following a finding of prosecutorial misconduct is affirmed. Although the district court has some supervisory control over dismissals, the court should not dismiss a case with prejudice unless the court has had an opportunity to determine issues of bad faith, harassment, or misconduct, and this finding must be supported by clear and convincing evidence. Generally, dismissal with prejudice is a remedy that should only be used in extreme circumstances.
Judges: Jensen, Jon J.
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6 cases in this archive are cited by this case.
- Leet v. City of MinotNorth Dakota Supreme Court· 2006-09-13· cited 26×
- State v. TweetenNorth Dakota Supreme Court· 2004-05-05· cited 13×
- City of Fargo v. LevineNorth Dakota Supreme Court· 2008-04-17· cited 11×
- City of Grand Forks v. GaleNorth Dakota Supreme Court· 2016-03-15· cited 11×
- State v. MohamudNorth Dakota Supreme Court· 2019-04-11· cited 10×
- State v. GraffNorth Dakota Supreme Court· 2023-07-07· cited 3×
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