State v. Mitchell
Citations
- 960 N.W.2d 788
- 2021 ND 93
Syllabus
An order dismissing a criminal complaint, information, or indictment is the equivalent of an order quashing an information or indictment and is therefore appealable under the statute. The State may either appeal an adverse ruling on probable cause or issue a new complaint upon the offer of additional evidence or other good cause. Because a preliminary hearing is not a trial, the finding of probable cause may be based on hearsay evidence and evidence that would be inadmissible at the trial. The State is not required to prove with absolute certainty or beyond a reasonable doubt that a crime occurred, but rather need only produce sufficient evidence to satisfy the court that a crime has been committed and that the accused is probably guilty.
Judges: Tufte, Jerod E.
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6 cases in this archive cite this case.
- State v. NupdalNorth Dakota Supreme Court· 2021-11-17· cited 7×
- State v. HellandNorth Dakota Supreme Court· 2025-03-28· cited 3×
- State v. BrownNorth Dakota Supreme Court· 2021-12-09· cited 2×
- State v. CarrilloNorth Dakota Supreme Court· 2021-12-23· cited 2×
- State v. RodriguezNorth Dakota Supreme Court· 2022-05-12· cited 1×
- State v. DearingerNorth Dakota Supreme Court· 2022-06-23· cited 1×
Cites
8 cases in this archive are cited by this case.
- Walker v. SchneiderNorth Dakota Supreme Court· 1991-11-12· cited 39×
- State v. BluntNorth Dakota Supreme Court· 2008-06-30· cited 28×
- State v. GwytherNorth Dakota Supreme Court· 1999-01-29· cited 27×
- State v. BergerNorth Dakota Supreme Court· 2004-07-22· cited 24×
- State v. GoldmannNorth Dakota Supreme Court· 2013-06-19· cited 8×
- State v. GrattonNorth Dakota Supreme Court· 2020-02-12· cited 6×
- State v. MoeNorth Dakota Supreme Court· 2010-05-11· cited 3×
- State v. MidellNorth Dakota Supreme Court· 2011-06-21· cited 3×
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