859 N.W.2d 595
N.D.2015Background
- Bear placed a rock on a section line, causing a state vehicle to be damaged in a patrol incident.
- Hastings, a state game warden, learned Bear allegedly placed the rock where the incident occurred.
- Bear was charged with obstructing a section line under N.D.C.C. § 24-06-28, a class B misdemeanor.
- Evidence at trial included Bear’s admission (or denial) of placing the rock, witnesses’ descriptions of the trail as a section line, and contested exhibits locating the rock.
- The district court denied acquittal and found Bear guilty; Bear appealed raising sufficiency, statutory interpretation, civil-versus-criminal, and policy arguments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the evidence sufficient to support a conviction? | State argues the rock placement created a permanent obstruction on a section line. | Bear contends the evidence does not establish location or obstruction fits §24-06-28. | Yes, sufficient evidence supported conviction. |
| Did Bear's actions violate N.D.C.C. § 24-06-28 by placing a permanent obstruction on a section line? | State asserts the rock was a permanent obstruction on the section line. | Bear argues the rock was not a permanent obstruction and did not obstruct travel. | Yes, the rock could constitute a permanent obstruction under the statute. |
| Should the matter have been pursued civilly rather than criminally? | State contends prosecutorial discretion to enforce criminal statute is proper. | Bear contends the matter favored civil resolution (comparative fault) and public policy concerns. | Prosecution proper within prosecutorial discretion; civil remedy not required. |
Key Cases Cited
- State v. Herzig, 2012 ND 247 (ND 2012) (sufficiency standard on appeal)
- State v. Knowels, 2003 ND 180 (ND 2003) (view of evidence in light most favorable to verdict; sufficiency)
- State v. Muhle, 2007 ND 132 (ND 2007) (credibility and appellate review of witness testimony)
- Burleigh Cnty. Water Res. Dist. v. Burleigh Cnty., 510 N.W.2d 624 (ND 1994) (public easement right of travel and obstruction standard)
- Hjelle, 133 N.W.2d 625 (ND 1965) (easement travel not absolutely object-free)
- State v. Loughead, 2007 ND 16 (ND 2007) (prosecutorial discretion to prosecute)