State of North Dakota v. Richard Allen Anderson

Summary

The North Dakota Supreme Court affirmed the denial of Richard Anderson's motion challenging the constitutionality of a probation condition restricting internet access under N.D.C.C. § 12.1-32-07(4)(r). The court held that Anderson's as-applied constitutional challenge was not ripe because he was incarcerated and not yet subject to the challenged probation condition. The court also declined to address his facial challenge because it was inadequately briefed.

Holdings

1. Anderson’s as-applied challenge to the constitutionality of N.D.C.C. § 12.1-32-07(4)(r) and the internet-use probation condition was not ripe because it depended on future contingencies that were not certain to occur.
2. The court declined to address Anderson’s facial challenge because he failed to thoroughly brief and argue that the statute was unconstitutional on its face.

Questions Presented

1. Whether Anderson’s as-applied constitutional challenge to N.D.C.C. § 12.1-32-07(4)(r) and the internet-use probation condition was ripe for review while he remained incarcerated and was not subject to the condition.
2. Whether Anderson adequately presented a facial constitutional challenge to N.D.C.C. § 12.1-32-07(4)(r).

Disposition

affirmed