798 N.W.2d 645
N.D.2011Background
- Midell was charged with gross sexual imposition under N.D.C.C. § 12.1-20-03(l)(c) after a preliminary hearing.
- The State presented S.D.W.’s testimony, Twedt’s testimony, and a formal record including a statement, an exam kit, and a Crime Lab report.
- S.D.W. testified she woke to Midell having sex with her while she was asleep on a couch; she claimed she did not know Midell and felt fear.
- Twedt testified she was a light sleeper who awoke to S.D.W. and Midell having sex but did not interrupt; she disputed parts of S.D.W.’s account.
- The district court dismissed the charge for lack of probable cause, finding S.D.W.’s testimony implausible and incredible as a matter of law.
- On appeal, the state argues the district court misapplied credibility limits and erred in finding no probable cause; the Supreme Court reverses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the district court err in dismissing for lack of probable cause? | Midell: the State showed probable cause; credibility questions reserved for jury. | Midell: district court properly weighed credibility and found S.D.W. incredible. | No; credibility issues for jury, probable cause shown |
| Was S.D.W.’s testimony implausible as a matter of law under Blunt? | State: testimony creates credibility questions for jury; not implausible. | Midell: conflicting testimony could not support probable cause. | No; testimony not implausible or incredible as matter of law |
| Did the district court misapply the standard of probable cause at a preliminary hearing? | State: standard is minimal and akin to probable cause for arrest; not certainty required. | Midell: credibility should be weighed to undermine probable cause. | Yes, misapplied; standard is minimal and favors prosecution |
Key Cases Cited
- State v. Smith, 2010 ND 89 (ND 2010) (probable cause standard reviewed de novo on appeal)
- State v. Blunt, 2008 ND 135 (ND 2008) (preliminary hearing credibility limits; safety device to prevent groundless prosecutions)
- Hunter v. District Court, 543 P.2d 1265 (Colo. 1975) (credibility assessment limited at preliminary stage; jury reserved for testimony conflicts)