State v. Lee, et al. 2025 ND 148
Docket No.: 20250136
Filing Date: 9/11/2025
Case Type: Original Proceeding - Criminal - Writ of Supervision
Author: McEvers, Lisa K. Fair

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Highlight: The Court exercises its authority to issue supervisory writs rarely and cautiously, and only to rectify errors and prevent injustice in extraordinary cases when no adequate alternative remedy exists.

A party's notice of withdrawal of a motion after an order ruling on the merits of the motion has no effect on the duly issued order.

Unless an exception applies, when a defendant is charged with a misdemeanor or infraction, and the injured party receives satisfaction for the injury, the court may terminate the criminal proceedings. Compromise between a defendant and injured party is one way in which a prosecution may be terminated; voluntary dismissal by the prosecuting attorney under N.D.R.Crim.P. 48(a) is another way. While the court has discretion in both instances, the compromise statutes do not prevent the State from moving for dismissal under N.D.R.Crim.P. 48(a).

Under N.D.R.Crim.P. 48(a), the prosecuting attorney may not dismiss an indictment, information or complaint except on motion and with the court's approval. The prosecutor should be denied a dismissal, if the court is satisfied that the prosecutor is acting in bad faith, contrary to public interest, or intentionally harassing the defendant. The public interest exception does not allow the court to deny dismissal because it has the potential to undermine some broader societal concern. The court abuses its discretion by denying the State's unopposed motion to dismiss when the State acts in good faith and there has been no indication it has abdicated its prosecutorial duties.