Opinion
No. 20130140.
2013-10-22
STATE of North Dakota, Plaintiff and Appellee v. Michael CLEMENTS, Defendant and Appellant.
[¶ 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).