Skip to main content

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.

Read full opinion on CourtListener

Cites

6 cases in this archive are cited by this case.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.