New opinions: October 9, 2025
State v. Moen 2025 ND 163
Docket No.: 20250018
Filing Date: 10/9/2025
Case Type: Appeal - Criminal - Homicide
Author: Jensen, Jon J.
Highlight: The Confrontation Clause provides two protections to criminal defendants: the right to physically face someone who testifies against them, and the right to cross-examine. Although the right to confront witnesses is of a constitutional magnitude, it is not absolute and, in appropriate cases, may bow to accommodate other legitimate interests in the criminal trial process.
North Dakota Century Code § 31-04-04.2 permits remote electronic testimony by children if testifying in front of a criminal defendant would traumatize a child in a manner impacting the child's ability to communicate.
A district court's findings of fact in preliminary proceedings of a criminal case will not be reversed if, after the conflicts in the testimony are resolved in favor of affirmance, there is sufficient competent evidence fairly capable of supporting the court's findings, and the decision is not contrary to the manifest weight of the evidence.
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