[Go to Documents] | Filed Nov. 30, 1995 |
City of Dickinson, Plaintiff and Appellant
v.
John Ernest Powell, Jr., Defendant and Appellee
Criminal No. 950236
City of Dickinson, Plaintiff and Appellant
v.
Wesley Brennan, Defendant and Appellee
Criminal No. 950237
State of North Dakota, Plaintiff and Appellant
v.
Curtis J. Tooley, Defendant and Appellee
Criminal No. 950238
City of Dickinson, Plaintiff and Appellant
v.
Blaine J. Halter, Defendant and Appellee
Criminal No. 950239
State of North Dakota, Plaintiff and Appellant
v.
Dixie Lee Kirchofner, Defendant and Appellee
Criminal No. 950240
City of Dickinson, Plaintiff and Appellant
v.
Nick Schantz, Defendant and Appellee
Criminal No. 950241
State of North Dakota, Plaintiff and Appellant
v.
Marvin Adam Weiler, Defendant and Appellee
Criminal No. 950242
Appeals from the District Court for Stark County, Southwest Judicial District, the Honorable Ronald L. Hilden, Judge.
REVERSED AND REMANDED.
Opinion of the Court by Sandstrom, Justice.
James A. Hope, Assistant State's Attorney, P.O. Box 130, Dickinson, N.D. 58602-0130, for plaintiffs and appellants; submitted on brief.
Ronald A. Reichert of Reichert, Buresh, Herauf & Ficek, PC, P.O. Drawer K, Dickinson, N.D. 58602-8305, for defendants and appellees Powell and Tooley; submitted on brief.
Mary E. Nordsven of Howe, Hardy, Galloway & Maus, PC, P.O. Box 370, Dickinson, N.D. 58602, for defendants and appellees Brennan, Halter, Kirchofner, Schantz, and Weiler; submitted on brief.
City of Dickinson v. Powell et al.
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, N.W.2d (N.D. 1995) (Criminal Nos. 950163 and 950164, decided on October 31, 1995), we reverse the orders of dismissal and remand the cases for further proceedings.
Dale V. Sandstrom
William A. Neumann
Beryl J. Levine
Herbert L. Meschke
Gerald W. VandeWalle, C. J.