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STATE v. BAXTER

No. 20140325.

863 N.W.2d 208 (2015)

2015 ND 107

STATE of North Dakota, Plaintiff and Appellee v. Kyle Lynn BAXTER, Defendant and Appellant.

Supreme Court of North Dakota.

Rehearing Denied May 27, 2015.

Attorney(s) appearing for the Case

Thomas A. Gehrz , Dickinson, N.D., for plaintiff and appellee.

Thomas F. Murtha IV , Dickinson, N.D., for defendant and appellant.

[¶ 1] Kyle Lynn Baxter appeals from a criminal judgment entered on a conditional plea of guilty to refusal to submit to an onsite screening or chemical test. Because we conclude the criminal refusal statutes do not violate Baxter's rights under the Fourth Amendment and N.D. Const. art. I, § 8, the unconstitutional conditions...

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