Matter of J.M.
2011 ND 105
| N.D. | 2011Background
- Delinquency petition filed March 2010 alleging gross sexual imposition by threat, terrorizing, and harassment.
- Juvenile court transferred to district court under NDCC 27-20-34(1)(b) after finding probable cause for gross sexual imposition by threat.
- Threats and coercive messages were directed at A.H. via texts and social media from February 18–28, 2010.
- A.H. testified drug dealers allegedly threatening R.A. and A.H. demanded actions under deadlines; R.A. claimed he acted under those threats.
- District court affirmed transfer and adopted the referee’s findings.
- This appeal challenges probable cause, statutory interpretation, and confrontation rights in the transfer context.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause to transfer under §27-20-34(1)(b)? | R.A. argues insufficient probable cause. | R.A. contends threats were not to the victim and not imminent. | Probable cause exists to believe gross sexual imposition by threat occurred. |
| Interpretation of §27-20-34(1)(b) requiring threats? | Statute transfers for gross sexual imposition by threat to be inflicted on any human being. | Threats must be to the victim to trigger transfer. | Statute not ambiguous; threats need not be inflicted on the victim; transfer proper. |
| Confrontation rights at transfer hearing? | RA asserts cross-examination rights were violated. | Confrontation rules are relaxed at transfer hearings; evidence rules are relaxed. | Confrontation rights were not violated; evidentiary standards at transfer are relaxed. |
Key Cases Cited
- Lovcik v. Ellingson, 569 N.W.2d 697 (ND 1997) (fear of imminent physical harm evidence standards cited)
- Wolt v. Wolt, 778 N.W.2d 802 (ND 2010) (definition of imminent harm in domestic context)
- Ficklin v. Ficklin, 710 N.W.2d 387 (ND 2006) (imminent threat interpretation guidance)
- In re L.A.G., 602 N.W.2d 516 (ND 1999) (probable cause standard is definite probability based on substantial evidence)
- In re M.W., 764 N.W.2d 185 (ND 2009) (statutory purpose of transfer to district court for serious violent crimes)
- State v. Smith, 781 N.W.2d 650 (ND 2010) (transfer hearing equivalence to preliminary examination; credibility not weighed at transfer)