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STATE v. HANSON

Criminal No. 960103.

558 N.W.2d 611 (1996)

STATE of North Dakota, Plaintiff and Appellant, v. Dale Clayton HANSON, Defendant and Appellee.

Supreme Court of North Dakota.

December 20, 1996.

Attorney(s) appearing for the Case

Ladd Ronald Erickson (argued), Assistant State's Attorney, Mandan, for plaintiff and appellant.

Thomas M. Tuntland (argued), Mandan, for defendant and appellee.

Robert P. Bennett (appearance), Assistant Attorney General, Attorney General's Office, Bismarck, amicus curiae.

NEUMANN, Justice.

The State has appealed a district court order declaring § 29-01-32, N.D.C.C., unconstitutional and limiting discovery in its criminal prosecution of Dale Clayton Hanson. We affirm.

Hanson was charged with driving while under the influence of intoxicating liquor. Hanson's attorney requested discovery of 1) documents, tangible objects, and reports of examinations and tests, under Rule 16(a)(1)(C) and (D), N.D.R.Crim.P.; and 2) the names...

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