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STATE EX REL. KOPPY v. GRAFF

Cr. No. 920060.

484 N.W.2d 855 (1992)

STATE of North Dakota ex rel. Allen KOPPY, in his capacity as Morton County States Attorney, Petitioner, v. Benny A. GRAFF, in his capacity as Judge of the District Court for Morton County, South Central Judicial District, Respondent.

Supreme Court of North Dakota.

May 6, 1992.

Attorney(s) appearing for the Case

Brian David Grosinger (argued), Asst. State's Atty., Mandan, for petitioner.

Ralph A. Vinje (argued), Bismarck, for Debra Meyer, defendant.

JOHNSON, Justice.

The State of North Dakota, through the Morton County State's Attorney, requested a supervisory writ from this Court to order the District Court for Morton County (District Court) to dismiss without prejudice the charge against Debra Meyer. The District Court refused to allow the State's Attorney to dismiss and ordered trial in the matter. We grant the writ, but allow the defense, at its discretion, to request an evidentiary hearing to determine allegations...

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