State v. Kleppe
2011 ND 141
| N.D. | 2011Background
- D.J. was a 16-year-old who allegedly committed gross sexual imposition involving a 6-year-old victim.
- A judicial referee accepted D.J.’s admission and ordered a sexual offender evaluation, reserving the question of registration.
- D.J. was placed in the custody of the Division of Juvenile Services until April 7, 2010.
- The State sought a registration determination; multiple evaluations were conducted at a Minnesota facility, with reports produced but not made part of the record at the registration hearing.
- Procedural disputes arose over production and admissibility of the Minnesota facility reports and discovery.
- The referee ultimately held that the State bore the burden to prove registration, but no court-ordered evaluations were properly in the record to support findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a court may order and rely on an evaluation for registration decisions | Denham argues the court can order and rely on evaluations to address registration requirements. | D.J. and K.L. contend the State must present evidence and complete findings; evaluations not properly produced. | Yes; court may order and rely on court-ordered evaluations for registration findings. |
| Who bears the burden to prove registration and necessary findings | State contends it bears burden to prove registration. | Defendants argue the State failed to present evidence and the court failed to make required findings. | The juvenile court must make necessary findings using the court-ordered evaluations; the State did not have proper record evidence to prove registration. |
| Whether the court erred by not producing or considering court-ordered reports | State asserts it relied on reports; no evaluations were in the record for the hearing. | D.J. and K.L. argue reports were not properly admitted or made part of the record. | Judge erred in not requiring production of court-ordered reports for registration considerations. |
| Interpretation of N.D.C.C. § 12.1-32-15(2)(c) and related juvenile provisions | Statutory framework requires registration unless deviation conditions are met, supported by evidence. | Deviation may occur only if certain mental abnormality or predatory conduct findings are not present and proper evidence exists. | Statute allows deviation for first-time juvenile offenders who do not exhibit mental abnormality or predatory conduct; missing court-ordered evaluations precluded proper findings. |
Key Cases Cited
- Interest of A.R., 2010 ND 84 (North Dakota) (standard of review and statutory interpretation guidance cited)
- Interest of R.W.S., 2007 ND 37 (North Dakota) (procedural and evidentiary considerations in juvenile proceedings cited)
- B.D.H. v. Mickelson, 2010 ND 235 (North Dakota) (statutory interpretation and harmonization principles applied)