Filed 10/22/13 by Clerk of Supreme Court
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2013 ND 178
State of North Dakota, Plaintiff and Appellee
v.
Michael Clements, Defendant and Appellant
No. 20130140
Appeal from the District Court of McIntosh County, South Central Judicial District, the Honorable Thomas J. Schneider, Judge.
AFFIRMED.
Per Curiam.
Terry W. Elhard, P.O. Box 99, Ashley, ND 58413-0099, for plaintiff and appellee.
Bryan D. Denham, P.O. Box 2056, Bismarck, ND 58502-2056, for defendant and appellant.
State v. Clements
No. 20130140
Per Curiam.
[¶1] Michael Clements appealed from a criminal judgment entered after a jury found him guilty of disorderly conduct in violation of N.D.C.C. § 12.1-31-01. On appeal, Clements argues the district court erred when it failed to grant his motion for dismissal based upon an alleged Brady violation. We affirm the district court under N.D.R.App.P. 35.1(a)(4) and (7). See Brady v. Maryland , 373 U.S. 83, 87 (1963); City of Grand Forks v. Ramstad , 2003 ND 41, ¶ 10, 658 N.W.2d 731 (holding the evidence at issue must be favorable to the accused, either because it is exculpatory, or because it is impeaching).
[¶2] Gerald W. VandeWalle, C.J.
Dale V. Sandstrom
Daniel J. Crothers
Mary Muehlen Maring
Carol Ronning Kapsner