State v. Kolstad

Citations

• 942 N.W.2d 865
• 2020 ND 97

Syllabus

The State may appeal from an order quashing an information or indictment. The loss of evidence in the State's custody may amount to a due process violation when (1) the State fails to collect evidence in the first instance (2) the State fails to preserve evidence once it has been collected and (3) the State suppresses evidence which has been collected and preserved. When apprised of a discovery violation, the district court should impose the least severe sanction to rectify the prejudice. Dismissal of an action for discovery violations is one of the most severe sanctions available to a court. Dismissal should be used sparingly and only in extreme situations and should not be used if an alternative, less drastic sanction is available and just as effective.