Hangsleben v. Halverson
2012 ND 106
| N.D. | 2012Background
- Chacano was charged in 2008 with two counts and later three counts of gross sexual imposition involving a victim under fifteen.
- One count from the 2008 complaint was dismissed to avoid duplicative charging; district court dismissed the remaining charges without prejudice.
- In 2010, the State refiled three counts of gross sexual imposition for conduct with the same victim and time period.
- Chacano moved to dismiss, arguing no further investigation occurred before refiling; the district court denied the motion.
- A jury trial in 2011 resulted in convictions on two counts and a not guilty verdict on one count.
- On appeal, Chacano argues Rule 48(a) required further investigation prior to refiling; the State contends preservation and no such requirement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Rule 48(a) require further investigation before refiling? | Chacano relies on need for further investigation. | Chacano contends no further investigation was necessary. | No further investigation needed; refiling permitted after dismissal without prejudice. |
| Was Chacano's issue properly preserved for review? | Chacano preserved by motion to dismiss 2010 charges. | State argues lack of objection to 2008 dismissal defeated preservation. | Issue preserved; timely challenge raised in district court. |
| May charges dismissed without prejudice be refiled later if no further investigation occurs? | Dismissal without prejudice allows refiling within statutory period. | No additional investigation required must still be observed. | Refiling without further investigation is permissible under Rule 48(a). |
Key Cases Cited
- State v. Jones, 2002 ND 193 (ND 2002) (dismissal without prejudice may be refilled within statutory period)
- State ex rel. Koppy v. Graff, 484 N.W.2d 855 (ND 1992) (presumption of good faith in dismissals; harassment prohibition)
- Graff, 484 N.W.2d 855 (ND 1992) (presumption of good faith; district court should grant dismissal unless bad faith shown)
- United States v. Reyes, 102 F.3d 1361 (5th Cir. 1996) (defendant may fail to object to dismissal and waive objections to motives)
- United States v. Welborn, 849 F.2d 980 (5th Cir. 1988) (presumption of good faith for government dismissals; harassment concern)