North Dakota v. Simon, North Dakota v. Redway

Mary Redway and Alexander Simon appealed after the district court found Redway guilty of disorderly conduct and Simon guilty of disorderly conduct and physical obstruction of a government function. Redway and Simon participated with a group of about 150 other individuals in a protest against the Dakota Access Pipeline on October 22, 2016. The State initially charged several protesters, including Redway and Simon, with criminal trespass and engaging in a riot. The State subsequently dismissed those charges under N.D.R.Crim.P. 48 and filed new complaints against several protesters, including Redway and Simon, charging them with physical obstruction of a government function under N.D.C.C. 12.1-08-01, disobedience of a safety order during a riot under N.D.C.C. 12.1-25-04, and disorderly conduct under N.D.C.C. 12.1-31-01. Redway and Simon argued there was insufficient evidence to support their disorderly conduct convictions under N.D.C.C. 12.1-31-01; Redway and Simon claimed they were peaceful protesters marching in a field and caused no injuries to others or damage to property, and they argued their activity was constitutionally protected and should have been excluded from evidence under N.D.C.C. 12.1-31-01(2). Finding no reversible error, the North Dakota Supreme Court affirmed. View "North Dakota v. Simon, North Dakota v. Redway" on Justia Law