State v. Schmidt

Citations

• 962 N.W.2d 612
• 2021 ND 137

Syllabus

Rule 32(c)(2), N.D.R.Crim.P., does not provide the district court with authority to order that defense counsel be allowed to be present for a psycho-sexual evaluation. The district court has no authority under section 12.1-01-04(26), N.D.C.C., to order the Department of Human Services to allow defense counsel to be present during such an evaluation. A defendant's Sixth Amendment right to counsel is satisfied when defense counsel is given notice and an opportunity to consult with the defendant prior to the evaluation.