The Court will hear argument in two cases today, one civil and the other criminal. The criminal case is State v. Stewart, an appeal from the denial of a motion to dismiss a first degree stalking charge.
The central basis for the motion to dismiss is that the charging document fails to allege a "course of conduct," an element of stalking. The complaining witness said that she had received e-mails from Mr. Stewart in violation of a no contact order. Mr. Stewart admitted to sending an e-mail. In response to the motion, the State amended its complaint twice and a hearing was held on the motion. The district court denied the motion, finding that the State’s amended information was sufficient. Mr. Stewart then entered a conditional plea of guilty permitting him to appeal the district court's ruling.
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