State v. Lince, Cr. N
| Decision Date | 01 October 1992 |
| Docket Number | Cr. N |
| Citation | 490 N.W.2d 476 |
| Parties | STATE of North Dakota, Plaintiff and Appellee, v. Shawn William LINCE, Defendant and Appellant. o. 920054. |
| Court | North Dakota Supreme Court |
Lester J. Schirado, State's Atty., Mandan, for plaintiff and appellee. Submitted on briefs.
Thomas M. Tuntland, Mandan, for defendant and appellant. Appearance by Shawn William Lince.
Shawn Lince appealed from a judgment of conviction for driving while under the influence of alcohol, in violation of Section 39-08-01, N.D.C.C. Because the State did not disclose, upon request, the witnesses that it intended to call at the trial, we reverse the judgment of conviction and remand for a new trial.
Lince was arrested by State Highway Patrol Officer Rick Michels for driving while under the influence of alcohol. A blood sample was taken from Lince, which showed that he had a blood alcohol concentration of sixteen one-hundredths of one percent. Subsection 1(a), of Section 39-08-01, N.D.C.C., prohibits a person from driving a vehicle if that person has a blood alcohol concentration of at least ten one-hundredths of one percent. Lince was prosecuted for violating that statutory provision and was found guilty by a jury.
During the discovery stages of the proceedings, Lince's attorney filed a request under Rule 16(f)(1), N.D.R.Crim.P., asking the state's attorney to "furnish to the defendant a written list of the names and addresses of all prosecution witnesses, and any statements made by them, whom the prosecuting attorney intends to call in the presentation of the case in chief." The state's attorney did not respond to this request. However, upon further inquiry by Lince's attorney, the state's attorney did give Lince a copy of the arresting officer's report.
Immediately preceding the trial, during in-chamber discussions, Lince's attorney told the court, "[a]s far as I know, the prosecution is only calling one [witness]." The state's attorney said that he intended to call a total of six witnesses. Lince's attorney responded, The state's attorney then expounded that, in addition to Michels, he also intended to call Dr. N.G.S. Rao, the State Toxicologist; John Hoesley, a forensic chemist employed by the state toxicologist's office in Fargo; Nancy Maier, a registered nurse at the Elgin Hospital who drew Lince's blood sample; Steven Bay, a deputy sheriff with the Grant County sheriff's department who witnessed the drawing of the blood sample; and Julie Pekas, the Grant County deputy clerk of court who had custody of "the cover on the packet ... of the swab that was used to cleanse the skin before the blood was drawn."
Lince's attorney objected to having these witnesses testify. He said that if the court intended to rule in favor of allowing their testimony, he wanted a continuance of the trial. During the ensuing discussion, Lince's attorney explained to the court why Lince would be prejudiced if the court allowed all of the State's witnesses to testify, without granting the continuance:
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State v. Horn
...before trial, but announced its intention to call six witnesses during in-chamber discussions shortly before the trial started. 490 N.W.2d 476, 476–77 (N.D.1992). This Court concluded the defendant's substantial rights were affected, and the defendant was prejudiced by not having an adequat......
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State v. McNair
...relieve a requesting party from making a disclosure, or enter any other order it deems just under the circumstances. See State v. Lince, 490 N.W.2d 476 (N.D.1992); Miller, supra; Thomas, supra. The granting of a new trial as a remedy for a discovery violation is within the sound discretion ......
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State v. Zimmerman
...admissible evidence can be excluded at trial if the prosecution violates the discovery rules. NDRCrimP 16(d)(2); State v. Lince, 490 N.W.2d 476, 478 (N.D.1992). We disagree with the prosecution's claim that it substantially complied with Rule 16 by the references in the analytical report di......
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State v. Keyes, 990089.
...seems, to the extent the informant's character and reputation could be impeached, Keyes did so. [¶ 7] Keyes argues that in State v. Lince, 490 N.W.2d 476 (N.D.1992), this Court recognized the importance of the State's disclosure of witnesses, in that it provides a defendant with an opportun......