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STATE v. POITRA

No. 20090339.

785 N.W.2d 225 (2010)

2010 ND 137

STATE of North Dakota, Plaintiff and Appellee v. Joshua John POITRA, Defendant and Appellant.

Supreme Court of North Dakota.

July 13, 2010.

Attorney(s) appearing for the Case

Kimberlee Jo Hegvik (argued), and Leah Jo Viste (on brief), Assistant State's Attorneys, Fargo, N.D., for plaintiff and appellee.

Kent M. Morrow, Bismarck, N.D., for defendant and appellant.

CROTHERS, Justice.

[¶ 1] Joshua Poitra appeals from a criminal judgment entered after a jury found him guilty of gross sexual imposition and aggravated assault. Poitra contends the district court erred in denying his motion to suppress DNA evidence because he had a right to counsel before a search warrant was executed and because the affidavit for the search warrant contained false statements. Poitra also argues the court erred in denying his motion to suppress...

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