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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 137
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.

Briefs

Filing Date Description
06/08/2021 RESPONDENT BRIEF View

Counsel

Party Type Name
RESPONDENT DISTRICT JUDGE Robin Ann Schmidt - 05940
RESPONDENT PRIVATE PRACTICE Christopher M. Redmann - 07523
PETITIONER ATT. GENERAL OFFICE Andrew Moraghan - 04305

(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