Bismarck Criminal Appeal Lawyer

Notable Published Cases:

• Recognized Mistake of Fact Defense to the federal crime of Possession of a Stolen Firearm-U.S. v. Iron Eyes, 367 F.3d 781 (8th Cir.2004)
• Established partial buttocks photo is not sexually explicit conduct under federal law- U.S. v. Gleich, 397 F.3d (8th Cir.2005)
• Required Courts to make specific on-the-record determination that Defendants unequivocally, knowingly, and intelligently waived right to counsel- State v. Poitra, 1998 ND 88, 578 N.W.2d 121
• Prompted Supreme Court to adopt rules authorizing ex parte applications to the Court for investigative, expert and related services- State v. Goulet, 1999 ND 80, 593 N.W.2d 345
• Established that merely showing home owner took no affirmative actions to stop police from entering was not consent to enter- State v. Decoteau, 1999 ND 77, 592 N.W.2d 579
• Established that magistrates at preliminary hearing have authority to judge credibility- State v. Foley, 2000 ND 91, 610 N.W.2d 49.
• Expanded affirmative defense for drivers who did not receive notice of suspension- State v. Egan, 1999 ND 59, 591 N.W.2d 150.
• Established presumption that probation commences on the date of sentencing- State v. Berger, 2002 ND 143, 651 N.W.2d 639
• Recognized insanity defense as a mitigating factor in determining if probation should be revoked- State v. Olson, 2003 ND 23, 656 N.W.2d 650
• Established procedures for fair restraining order hearings- Gullickson v. Kline, 2004 ND 76, 678 N.W.2d 138.
• Required chemical test results be listed in license suspension paperwork- Jorgensen v. N.D.Dep’t of Transp., 2005 ND 80, 695 N.W.2d 212.
• Required testimony rather than affidavits for restraining order hearings- Cusey v. Nagel, 2005 ND 84, 695 N.W.2d 697
• Established 90 day mandatory sentence on injury DUI was illegal sentence in violation of the maximum penalty- State v. Smith, 2005 ND APP 5, 697 N.W.2d 368.
• Established reasonable suspicion was an inadequate basis for police to transport package from shipping facility to the law enforcement center- State v. Ressler, 2005 ND 140, 701 N.W.2d 915.
• Recognized the right to cross examine on specific acts of misconduct underlying a criminal conviction-State v. Hoverson, 2006 ND 49, 710 N.W.2d 890
• Overturned convictions for intent to deliver cases within one thousand feet of a school- State v. Dennis, 2007 ND 87, 733 N.W.2d 241.
• Established criteria for affirmative refusal of chemical test- Grosgebauer v. N.D. Dep’t of Transp., 2008 ND 75, 747 N.W.2d 510.
• Required officer to testify about each and every step in blood collection to show scrupulous compliance and fair administration of blood testing- Schlosser v. N.D. Dep’t of Transp., 2009 ND 173, 775 N.W.2d 695.
• Required Department to recreate the record with testimony to replace lost recording- Massett v. N.D. Dep’t of Transp., 2010 ND 211, 790 N.W.2d 481.
• Established a bankruptcy schedule may be amended any time before the case is closed- Kost v. Kraft, 2011 ND 69, 795 N.W.2d 712.
• Required State to produce nurse who drew blood sample- State v. Lutz, 2012 ND 156, 820 N.W.2d 111.
• Established driver’s consent to a search of vehicle does not justify a search of a passenger’s purse- State v. Daniels, 2014 ND 124, 848 N.W.2d 670.
• Cash sent did not justify search warrant for suspected proceeds from the drug sales- State v. Biwer, 2018 ND 185, 915 N.W.2d 837.
• Established State has no jurisdiction to appeal evidentiary rulings- State v. Corona, 2018 ND 196, 916 N.W.2d 610.
• Established there must be a valid request for testing before there can be a refusal- Alvarado v. N.D. Dep’t of Transp., 2019 ND 231, 932 N.W.2d 911.
• Recognized affirmative defense of confusion for refusal cases- City of Bismarck v. King, 2019 ND 74, 924 N.W.2d 137.