arti:sec12:sidebar [North Dakota Constitution]

Sidebar

References

Cases

Double Jeopardy

West Fargo v. Ekstrom, 2020 ND 37
State v. Voigt, 2007 ND 100
State v. Herrick, 1999 ND 1
State v. Jacobson, 545 N.W.2d 152

Due Process

Beggs v. Paine, 15 N.D. 436 (“it is only copied from and repeats the guaranty found in the fourteenth amendment, and is no broader in its scope than the federal provision”)

Right to Counsel

John v. State, 160 N.W.2d 37 (1968)

Appear and Defend in Person

Mandan v. Baer, 1998 ND 101
State v. Smuda, 419 N.W.2d 166, 168 (1988)
State v. Schasker, 235 N.W. 345 (1931)
State v. Thompson, 219 N.W. 218 (1928)

Public Trial

State v. Martinez, 2021 ND 42
State v. Morales, 2019 ND 206
State v. Rogers, 2018 ND 244
State v. Decker, 2018 ND 43
State v. Klem, 438 N.W.2d 798 (1989)
Dickinson Newspapers v. Jorgensen, 338 N.W.2d 72 (1983)
Barry v. Truax, 13 N.D. 131 (1904)

Related Provisions

U.S. Const. amend. VI (“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial”)

U.S. Const. amend. VI (“In all criminal prosecutions, the accused shall enjoy the right … to have compulsory process for obtaining witnesses in his favor”)

U.S. Const. amend. VI (“In all criminal prosecutions, the accused shall enjoy the right … to have the Assistance of Counsel for his defence.”)

U.S. Const. amend. V (“nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb”)

U.S. Const. amend. V (“nor shall be compelled in any criminal case to be a witness against himself”)

U.S. Const. amend. V (“nor be deprived of life, liberty, or property, without due process of law”)

Scholarly Work

Cooley at 379-80 (speedy and public trial), 399 (double jeopardy), 405 (right to counsel), 432 (due process of law)

arti:sec12:sidebar

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References

Parallel Provisions

U.S. Const. amend. VI (“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial”)
U.S. Const. amend. VI (“In all criminal prosecutions, the accused shall enjoy the right … to have compulsory process for obtaining witnesses in his favor”)
U.S. Const. amend. VI (“In all criminal prosecutions, the accused shall enjoy the right … to have the Assistance of Counsel for his defence.”)
U.S. Const. amend. V (“nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb”)
U.S. Const. amend. V (“nor shall be compelled in any criminal case to be a witness against himself”)
U.S. Const. amend. V (“nor be deprived of life, liberty, or property, without due process of law”)

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