STATE v. EMIL

Nos. 20090286, 20090287.

784 N.W.2d 137 (2010)

2010 ND 117

STATE of North Dakota, Plaintiff and Appellant v. Kim Rene EMIL, Defendant and Appellee State of North Dakota, Plaintiff and Appellant v. Wayne George Emil, Jr., Defendant and Appellee.

Supreme Court of North Dakota.

June 30, 2010.


Attorney(s) appearing for the Case

Allen M. Koppy (argued), State's Attorney, Mandan, ND, for plaintiff and appellant.

William R. Thomason (argued), Bismarck, ND, for defendant and appellee Wayne George Emil, Jr.

Michael R. Hoffman (appeared), Bismarck, ND, for defendant and appellee Kim Rene Emil.


KAPSNER, Justice.

[¶ 1] The State appeals from a district court order granting Wayne Emil, Jr. and Kim Emil's motions to suppress. We dismiss the appeal because the State failed to file sufficient prosecutor's statements under N.D.C.C. § 29-28-07(5).

I.

[¶ 2] In April 2003, Wayne Emil, Jr. filed a claim with Workforce Safety and Insurance (WSI), alleging he suffered a work-related injury. WSI accepted the claim and began paying disability...

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