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STATE v. SMITH

No. 20130398.

849 N.W.2d 599 (2014)

2014 ND 152

STATE of North Dakota, Plaintiff and Appellee v. Joseph SMITH, Defendant and Appellant.

Supreme Court of North Dakota.

July 17, 2014.

Attorney(s) appearing for the Case

Christine H. McAllister , Burleigh County Assistant State's Attorney, Bismarck, ND, for plaintiff and appellee.

Danny L. Herbel , The Regency Business Center, Bismarck, ND, for defendant and appellant.

McEVERS, Justice.

[¶ 1] Joseph Smith appeals from a district court criminal judgment and conviction entered on a conditional plea of guilty for driving under the influence of an intoxicating liquor ("DUI"), in violation of N.D.C.C. § 39-08-01, a class B misdemeanor. Smith argues the district court erred in denying his motion to suppress evidence that he claims was obtained in violation of Missouri v. McNeely, ___ U.S. ___, 133 S.Ct...

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