State v. R.A.
799 N.W.2d 332
| N.D. | 2011Background
- R.A. appeals juvenile court transfer of jurisdiction to district court under N.D.C.C. § 27-20-34(l)(b).
- Petition alleged delinquency for gross sexual imposition by force or threat, terrorizing, and harassment against A.H. in Feb 2010.
- Judicial referee found probable cause to believe GSI by threat and Transfer ordered to district court.
- District court reviewed and affirmed, adopting the referee’s findings.
- Transfer statute requires transfer when probable cause exists to believe the act involves GSI by threat of imminent death, serious bodily injury, or kidnapping.
- Evidence showed A.H. received multiple threats and deadlines from R.A. via messages and texts, alleging imminent harm if demands were not met.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause sufficiency for transfer | R.A. argues insufficient probable cause to transfer. | State contends probable cause exists based on threats and fear of imminent harm. | Probable cause found; record supports fear of imminent harm and transfer proper. |
| Statutory interpretation of §27-20-34(l)(b) | RA contends threats must be to the victim under the statute. | Statute allows threats of imminent harm by or to the victim; no requirement threats target the victim specifically. | Statute not ambiguous; transfer authorized even where threats targeted others but render victim fear imminent harm. |
| Confrontation rights at transfer hearing | RA claims violation of confrontation rights by lack of cross-examining A.H. about sexual history. | Transfer hearing is pretrial with relaxed evidence rules; cross-examination not as in a criminal trial. | Confrontation rights not violated; evidence rules relaxed at transfer; cross-examination occurred. |
Key Cases Cited
- L.A.G., 602 N.W.2d 516 (ND 1999) (probable cause is minimal burden; definite probability shown by substantial evidence)
- Lovcik v. Ellingson, 569 N.W.2d 697 (ND 1997) (fear of imminent physical harm shown by threats and required actions)
- Wolt v. Wolt, 778 N.W.2d 802 (ND 2010) (definition of imminent near at hand; not immediate)
- Ficklin v. Ficklin, 710 N.W.2d 387 (ND 2006) (imminent harm concept in domestic violence context)
- Kent v. United States, 383 U.S. 541 (U.S. Supreme Court 1966) (due process requirements in juvenile transfer proceedings)
- In re K.G., 295 N.W.2d 323 (ND 1980) (uniform juvenile act requires fair transfer proceedings)
- In re C.R.M., 552 N.W.2d 324 (ND 1996) (transfer hearing evidentiary standards; hearsay admissible)
- State v. Smith, 2010 ND 89 (ND 2010) (transfer hearing equivalent to preliminary examination; credibility not resolved)