CITY OF DICKINSON v. POWELL

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Docket Number

Cr. Nos. 950236-950242.

Attorney(S)

James A. Hope, Assistant State's Attorney, Dickinson, for plaintiffs and appellants; submitted on brief. Ronald A. Reichert of Reichert, Buresh, Herauf Ficek, PC, Dickinson, for defendants and appellees Powell and Tooley; submitted on brief. Mary E. Nordsven of Howe, Hardy, Galloway Maus, PC, Dickinson, for defendants and appellees Brennan, Halter, Kirchofner, Schantz, and Weiler; submitted on brief.

Judges

SANDSTROM, Justice.

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Citation Codes

Equivalent Citations

citation codes

Docket Number

Cr. Nos. 950236-950242.

Attorney(S)

James A. Hope, Assistant State's Attorney, Dickinson, for plaintiffs and appellants; submitted on brief. Ronald A. Reichert of Reichert, Buresh, Herauf Ficek, PC, Dickinson, for defendants and appellees Powell and Tooley; submitted on brief. Mary E. Nordsven of Howe, Hardy, Galloway Maus, PC, Dickinson, for defendants and appellees Brennan, Halter, Kirchofner, Schantz, and Weiler; submitted on brief.

Judges

SANDSTROM, Justice.

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CITY OF DICKINSON, Plaintiff and Appellant, v. John Ernest POWELL, Jr., Defendant and Appellee. CITY OF DICKINSON, Plaintiff and Appellant,

SANDSTROM, Justice.

The defendants were charged with driving under the influence of alcohol. After their driver's licenses were administratively suspended, the District Court granted the defendants' motions to dismiss the criminal charges, reasoning the "successive" criminal prosecution "is a violation of the Double Jeopardy Clause of the United States Constitution."

Based on our decision in State v. Zimmerman, 539 N.W.2d 49 (N.D. 1995), we reverse the orders of dismissal and remand the cases for further proceedings.

VANDE WALLE, C.J., and NEUMANN, LEVINE and MESCHKE, JJ., concur.

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CITY OF DICKINSON, Plaintiff and Appellant, v. John Ernest POWELL, Jr., Defendant and Appellee. CITY OF DICKINSON, Plaintiff and Appellant,

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