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In re C.B.

Supreme Court of North Dakota

January 22, 2018

In the Interest of C.B., a Child State of North Dakota, Petitioner and Appellee
v.
C.B., Child, Respondent and Appellant and M.P., Mother, A.B., Father, Respondents

         Appeal from the Juvenile Court of Burleigh County, South Central Judicial District, the Honorable Bruce B. Haskell, Judge.

          Conor Kennelly, Assistant State's Attorney, Bismarck, N.D., for petitioner and appellee.

          Bradley D. Peterson, Bismarck, N.D., for respondent and appellant.

          OPINION

          McEvers, Justice.

         [¶ 1] C.B. appeals a juvenile court order adopting a judicial referee's order finding C.B. committed the delinquent act of failure to register as a sex offender. C.B. also appeals from a juvenile court order denying his motion to dismiss the State's petition. We affirm.

         I

         [¶ 2] In June 2012, C.B. pled guilty to "assault IV with sexual motivation" in Washington state. The adjudication and disposition order did not require C.B. to register as a sex offender in Washington. In the fall of 2012, C.B. moved to North Dakota with his father.

         [¶ 3] At the request of the juvenile court, C.B. registered as a sex offender in North Dakota in November 2013. In May 2015, C.B. updated his registration at the Bismarck Police Department. The updated registration included a new address, new employment, and a Facebook account. After updating his registration, an assistant Burleigh County state's attorney issued a juvenile petition to C.B. for committing the delinquent act of failure to register as a sex offender. The petition alleged C.B. failed to timely "alert law enforcement to a new job, a new place of residence, a telephone number or his facebook account."

         [¶ 4] C.B. moved to dismiss the petition, arguing he should not be required to register as a sex offender. At the October 16, 2015, hearing on the motion, an assistant attorney general testified C.B.'s assault IV with sexual motivation in Washington was equivalent to a class A misdemeanor sexual offense in North Dakota that requires registration. At the conclusion of the hearing, the judicial referee stated he was dismissing the petition, and issued an order of dismissal. On October 19, 2015, the referee rescinded the order of dismissal, stating he decided the motion wrongly due to a legal error. The judicial referee provided notice to the parties the same day that they had the right to have the order reviewed by a juvenile court judge if the request was made within seven days. C.B. did not request review of the order.

         [¶ 5] C.B. again moved to dismiss the petition in November 2015, arguing the judicial referee exceeded his authority when he rescinded the order dismissing the petition. The referee denied the motion. C.B. sought review of the referee's decision from the juvenile court. The juvenile court adopted the referee's decision denying the motion.

         [¶ 6] C.B. filed another motion to dismiss in December 2015, arguing the State failed to give full faith and credit to the Washington order that did not require C.B. to register as a sex offender. The judicial referee denied C.B.'s motion, concluding the Full Faith and Credit Clause of the U.S. Constitution did not prohibit North Dakota from requiring C.B. to register in this state.

         [¶ 7] Before the State questioned its first witness at the January 2016 trial, C.B. verbally moved to dismiss the petition. C.B. argued that after the judicial referee dismissed the petition, double jeopardy prohibited C.B. from being tried for failure to register as a sex offender. C.B. also raised an Equal Protection claim at the trial. The judicial referee denied the motions and subsequently found C.B. committed the delinquent act of failure to register as a sex offender. At the dispositional hearing in August 2016, the referee placed C.B. with the North Dakota Division of Juvenile Services for twelve months. The juvenile court adopted the referee's findings of fact and order after C.B. requested a review of the referee's decision.

         II

         [¶ 8] C.B. argues the judicial referee's dismissal order following the hearing on C.B.'s motion to dismiss terminated original jeopardy in this proceeding, making further prosecution unconstitutional under double jeopardy principles. This Court reviews constitutional ...


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