State v. Kolstad
Docket Info
- Title
- State of North Dakota, Plaintiff and Appellant
v.
Stanley James Kolstad, Defendant and Appellee - Case Type
- CRIMINAL APPEAL : DUI/DUS
- Appeal From
-
Case No. 2019-CR-00022
Northeast Central Judicial District, Grand Forks County
Donald Hager
Highlight
The State may appeal from an order quashing an information or indictment.
The loss of evidence in the State’s custody may amount to a due process violation when (1) the State fails to collect evidence in the first instance; (2) the State fails to preserve evidence once it has been collected; and (3) the State suppresses evidence which has been collected and preserved.
When apprised of a discovery violation, the district court should impose the least severe sanction to rectify the prejudice.
Dismissal of an action for discovery violations is one of the most severe sanctions available to a court. Dismissal should be used sparingly and only in extreme situations and should not be used if an alternative, less drastic sanction is available and just as effective.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
| Seq. # | Filing Date | Description | Attachment |
|---|---|---|---|
| 1 | 07/26/2019 | NOTICE OF APPEAL : 07/26/2019 | |
| 2 | 07/30/2019 | AMENDED NOTICE OF APPEAL | |
| 3 | 07/30/2019 | SECOND AMENDED NOTICE OF APPEAL | |
| 4 | 07/30/2019 | ORDER FOR TRANSCRIPT : 08/01/2019 | |
| 5 | 08/01/2019 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 6 | 08/01/2019 | Notice served on Megan J. Kvasager Essig and David D. Dusek | |
| 7 | 08/09/2019 | THIRD AMENDED NOTICE OF APPEAL | |
| 8 | 08/12/2019 | NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. | |
| 9 | 08/12/2019 | Notice served on Megan J. Kvasager Essig and David D. Dusek | |
| 10 | 08/22/2019 | ELEC. RECORD ON APPEAL DATED AUGUST 21, 2019 (ENTRY NOS. #1-24, 26, #33-50)(not rec'd 25, 27-31,32) | |
| 11 | 09/28/2019 | ELECTRONIC TRANSCRIPT DATED JUNE 27, 2019 | |
| 12 | 09/28/2019 | ELECTRONIC TRANSCRIPT DATED JUNE 27, 2019 REDACTION KEY | |
| 13 | 09/28/2019 | ELECTRONIC TRANSCRIPT DATED JUNE 28, 2019 | |
| 14 | 09/28/2019 | ELECTRONIC TRANSCRIPT DATED JUNE 28, 2019 REDACTION KEY | |
| 15 | 09/28/2019 | Certificate of Service for Transcripts dated June 27-28, 2019 | |
| 16 | 11/07/2019 | APPELLANT BRIEF | View |
| 17 | 11/07/2019 | Oral Argument Request by Appellant | |
| 18 | 11/07/2019 | APPELLANT APPENDIX | |
| 19 | 11/12/2019 | Rec'd Non-substantive corrections for the ATB and ATA | |
| 20 | 11/14/2019 | Rec'd 6 copies of ATB and ATA from Central Duplicating | |
| 21 | 12/03/2019 | MOT. EXT/TIME APPELLEE BRIEF | |
| 22 | 12/03/2019 | ACTION BY CHIEF DEPUTY CLERK - Granted : 01/08/2020 | |
| 23 | 12/20/2019 | NOTICE OF ORAL ARGUMENT SENT | |
| 24 | 01/03/2020 | APPELLEE BRIEF | View |
| 25 | 01/03/2020 | Oral Argument Request by Appellee | |
| 26 | 01/09/2020 | Received non-substantive corrections to AEB & cert. of service | |
| 27 | 01/09/2020 | Rec'd 6 copies of AEB from Central Duplicating | |
| 28 | 01/16/2020 | REPLY BRIEF | View |
| 29 | 01/17/2020 | Rec'd 6 copies of RYB back from Central Duplicating | |
| 30 | 01/21/2020 | MOTION BY APPELLANT FOR CONTINUANCE OF ORAL ARGUMENT | |
| 31 | 01/21/2020 | RESPONSE FROM APPELLEE AGREEING TO CONTINUANCE OF ORAL ARGUMENT | |
| 32 | 01/21/2020 | ACTION BY SUPREME COURT - Granted | |
| 33 | 01/27/2020 | NOTICE OF ORAL ARGUMENT SENT | |
| 34 | 02/20/2020 | APPEARANCES: Megan J. Kvasager Essig/David D. Dusek | |
| 35 | 02/20/2020 | ARGUED: Megan J. Kvasager Essig/David D. Dusek | |
| 36 | 02/20/2020 | ORAL ARGUMENT WEBCAST | |
| 37 | 05/07/2020 | DISPOSITION | |
| 38 | 05/07/2020 | UNANIMOUS OPINION : VandeWalle, Gerald W. | View |
| 39 | 05/11/2020 | Judgment Sent to Parties | |
| 40 | 06/04/2020 | MANDATE |