North Dakota v. Rath

Mark Rath appealed a district court order denying his petition to correct his sentence or declare a "mistrial" based on his claim of prejudicial sentencing. A supervisory writ is issued rarely and cautiously only to rectify errors and prevent injustice in extraordinary cases when no adequate alternative remedy exists. The North Dakota Supreme Court concluded the court did not abuse its discretion in denying Rath's petition under N.D.R.Crim.P. 35 because his sentence was not illegal. The Court treated his request on appeal, however, as a request for a writ of supervision based on the district court's oral pronouncement during his resentencing in 2012 for a felony that he would keep his "misdemeanor disposition." The Court concluded this was an appropriate case to exercise its discretionary supervisory jurisdiction. The Court remanded with instructions for the district court to direct the clerk of district court to change the disposition of this case to a misdemeanor under N.D.C.C. 12.1-32-02(9). View "North Dakota v. Rath" on Justia Law