State v. Schmidt, et al.
Docket No. 20210156
Oral Argument:
Thursday, June 10, 2021 2:45 PM
Docket Info
- Title
- The State of North Dakota, by and through
the North Dakota Department of Human Services, Petitioner
v.
The Honorable Robin A. Schmidt,
District Court Judge, Northwest Judicial District,
and Anthony Dwane Boldt, Jr., Respondents - Case Type
- CRIMINAL ORIG. PROCEEDING : WRIT OF SUPERVISION (Crim.)
- Appeal From
-
Case No. 2020-CR-00757
Northwest Judicial District, McKenzie County
Robin Ann Schmidt
2021 ND 137962 N.W.2d 612
Oral Argument
6/10/2021
Highlight
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.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
Seq. # | Filing Date | Description | Attachment |
---|---|---|---|
1 | 05/28/2021 | PETITION FILED | View |
2 | 05/28/2021 | APPELLANT APPENDIX | View |
3 | 05/28/2021 | MOTION FOR STAY | |
4 | 06/01/2021 | ACTION BY SUPREME COURT (Motion for Stay) - Granted | |
5 | 06/01/2021 | Order granting motion for stay and setting response deadline and oral argument | View |
6 | 06/08/2021 | RESPONDENT BRIEF | View |
7 | 06/10/2021 | APPEARANCES: Andrew Moraghan; Christopher M. Redmann | |
8 | 06/10/2021 | ARGUED: Andrew Moraghan; Christopher M. Redmann | |
9 | 06/10/2021 | ORAL ARGUMENT WEBCAST | |
10 | 07/22/2021 | DISPOSITION | |
11 | 07/22/2021 | UNANIMOUS OPINION : Tufte, Jerod E. | View |
12 | 07/22/2021 | Judgment | View |
13 | 08/13/2021 | FILE CLOSED |