State of North Dakota v. Willie Demar Midell

Summary

The North Dakota Supreme Court reversed the dismissal of a gross sexual imposition charge against Willie Demar Midell and remanded for further proceedings. The court held that, at a preliminary hearing, the victim’s testimony was not implausible or incredible as a matter of law, and that conflicts concerning her awareness and the defendant’s knowledge presented questions for the jury. The court concluded the State had established probable cause under N.D.C.C. § 12.1-20-03(1)(c).

Holdings

1. The victim's testimony was not implausible or incredible as a matter of law; any conflict between her testimony and other testimony presented a question of fact for the jury.
2. The State met its minimal burden of establishing probable cause that Midell committed gross sexual imposition.
3. The statute did not require the State to establish that the victim was actually unaware of the sexual act; the relevant probable-cause question was whether Midell knew or had reasonable cause to believe she was unaware.

Questions Presented

1. Whether the State presented sufficient evidence at the preliminary hearing to establish probable cause that Midell committed gross sexual imposition.
2. Whether the district court improperly assessed the victim's credibility by finding her testimony implausible and incredible as a matter of law.
3. Whether the statute required proof that the victim was actually unaware of the sexual act, rather than probable cause that Midell knew or had reasonable cause to believe she was unaware.

Disposition

reversed_and_remanded