from the District Court of Burleigh County, South Central
Judicial District, the Honorable Cynthia M. Feland, Judge.
Spahr, Assistant State's Attorney, Bismarck, N.D., for
plaintiff and appellee.
B. Nodland, Bismarck, N.D., for defendant and appellant.
R. Emerson, Assistant Attorney General, Bismarck, N.D., for
amicus curiae State of North Dakota.
Michelle Vetter appeals from an order deferring imposition of
sentence entered after a jury convicted her of child abuse.
On appeal, Vetter asks this Court to take judicial notice of
filings from her divorce case against the complainant. She
also argues the definition of "bodily injury" in
N.D.C.C. § 12.1-01-04 is unconstitutionally vague.
Finally, she argues the evidence at trial was insufficient to
sustain a verdict of guilty. We affirm.
On the evening of November 15, 2017, Vetter, her
then-husband, and their eight-year-old daughter, B.V., were
sitting on the couch in their home. While playing together,
B.V. bumped Vetter in the nose. In response, Vetter hit B.V.
in the side with a closed fist. Days later, Vetter's
husband discovered bruising on B.V.'s side and reported
the incident to law enforcement.
The State charged Vetter with child abuse. The complaint
alleged Vetter, "who is the parent of B.V. . . ., struck
B.V. causing pain and bruising." Vetter moved to
dismiss, arguing the definition of "bodily injury"
under N.D.C.C. § 12.1-01-04 is unconstitutional. The
district court denied the motion.
The case proceeded to trial, which was held in August 2018.
At trial, B.V. testified that her mother struck her with a
closed fist, which caused stomach pain. Vetter's
ex-husband testified that he observed the incident. The jury
convicted Vetter of child abuse, and the district court
deferred imposition of sentence. Vetter now appeals.
Vetter asks us to take judicial notice of certain filings
from her divorce case against the complainant in this case.
Under N.D.R.Ev. 201(b)(2), a court may judicially
notice an adjudicative fact "that is not subject to
reasonable dispute because it . . . can be accurately and
readily determined from sources whose accuracy cannot
reasonably be questioned."
The jury found Vetter guilty in August 2018, and the order
deferring imposition of sentence was entered January 2019.
The filings Vetter asks us to judicially notice were entered
April and June 2019. These are not facts that were available
to the district court below, and they are the subject ...