North Dakota v. Turbeville

The preliminary hearing is a tool to ferret out groundless and improvident prosecutions; the State is not required to prove with absolute certainty or beyond a reasonable doubt that a crime occurred, but need only produce sufficient evidence to establish probable cause that a crime occurred and that the defendant committed it. The State appealed a district court order dismissing with prejudice a class B felony charge of possession of a controlled substance with intent to deliver against Kensley Turbeville for lack of probable cause. Turbeville was charged with possession of a controlled substance with intent to deliver and two counts of possession of drug paraphernalia following the execution of a search warrant at Turbeville's residence. Turbeville's counsel questioned the officer about the amount of marijuana found. The officer testified he did not feel he could get an accurate weight and that it was being analyzed at the state crime lab. The officer testified the individual "nuggets" of marijuana were not packaged separately. Turbeville argued there was nothing presented at the hearing to indicate she had intent to deliver. The State argued there was sufficient evidence presented for probable cause Turbeville possessed marijuana with intent to deliver. Because the North Dakota Supreme Court concluded the State produced sufficient evidence to establish probable cause for a charge of class B felony possession of a controlled substance with intent to deliver, it reversed and remanded. View "North Dakota v. Turbeville" on Justia Law