North Dakota v. Kolstad

Docket Number20190228
Decision Date07 May 2020
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5 cases
  • Brossart v. Janke
    • United States
    • North Dakota Supreme Court
    • 7 Mayo 2020
    ... ... The Brossarts alleged claims under 42 U.S.C. 1983 and state law. The federal district court granted summary judgment for the defendants. The court subsequently entered judgment against the Brossarts awarding ... ...
  • State v. Schweitzer
    • United States
    • North Dakota Supreme Court
    • 24 Junio 2021
    ...that the outcome of the proceedings would have been different if the evidence had been disclosed." State v. Kolstad , 2020 ND 97, ¶ 19, 942 N.W.2d 865 (internal citations and quotations omitted). Although the State's failure to preserve evidence is not the same as a Brady violation, once ev......
  • State v. Pederson
    • United States
    • North Dakota Supreme Court
    • 2 Mayo 2024
    ...is material to guilt or punishment irrespective of the good faith or bad faith of the prosecution." State v. Kolstad, 2020 ND 97, ¶ 19, 942 N.W.2d 865. A Brady violation occurs when: (1) the government possessed evidence favorable to the defendant; (2) the defendant did not possess the evid......
  • State v. Archambault
    • United States
    • North Dakota Supreme Court
    • 10 Noviembre 2022
    ...impose the least severe sanction that will rectify the prejudice, if any, to the opposing party." State v. Kolstad , 2020 ND 97, ¶ 27, 942 N.W.2d 865 (internal citation omitted). [¶5] A district court's decision regarding a discovery violation is reviewed under the abuse of discretion stand......
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1 books & journal articles
  • Digital ecosystem of accountability
    • United States
    • American Criminal Law Review No. 59-2, April 2022
    • 1 Abril 2022
    ...of dash cam video as state’s primary evidence in prosecution regarding operation of motor vehicle). 113. See, e.g. , State v. Kolstad, 942 N.W.2d 865, 868–72 (N.D. 2020) (reversing dismissal of driving under the inf‌luence prosecution in which state failed to disclose dash cam and body cam ......

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