“ approximately 30 years, aligning with the nearly 30 years it took the victim to build his family agricultural spraying business before it was ruined by the defendant’ s actions.” The district court entered an amended judgment reducing the consecutively imposed terms of imprisonment to a total of 30 years.
While an order on a motion seeking a reduced sentence under N. D. R. Crim. P. 35( b) is not appealable because it’ s a matter of leniency not affecting a substantial right, the Supreme Court began its analysis noting that it had not decided, whether for purposes of Rule 35, an“ illegal sentence” encompassed claims alleging a violation of the constitutional right to be free from cruel and unusual punishment. The Supreme Court reviews alleged violations of constitutional rights, including under the United States Constitution Eighth Amendment and Article I, § 11 of the North Dakota Constitution’ s prohibition against cruel and unusual punishment, de novo.
Wallette argued his 30-year sentence was disproportionately harsh given his offenses were property crimes that did not injure anyone. North Dakota law, specifically, N. D. C. C. §§ 12.1-32-04 and 12.1-21-05, expressly authorizes district courts to consider the harm criminal offenders cause to property when imposing sentences, and grades property crimes higher, permitting harsher punishment, when losses are greater. The Supreme Court held those statutes were consistent with the United States Supreme Court’ s admonitions that the“ absolute magnitude of the crime may be relevant,” and“ stealing a million dollars is viewed as more serious than stealing a hundred dollars.” The extensive damage caused by Wallette justified a harsh sentence. In affirming, the Supreme Court also found the harsh sentence was justified by his criminal past and propensity for crime.
A punishment in a non-capital case that is grossly disproportionate to the offense is cruel and unusual. The disproportionate principle is“ narrow,” though, and forbids only“ extreme” sentences, with the Court noting the United States Supreme Court has only once declared a sentence of imprisonment for an adult offender unconstitutional under the Eighth Amendment. The Court has never held a sentence within North Dakota’ s statutory sentencing limits to be a violation of N. D. Const. Art. I, § 11.
ATTENTION
SUBJECT
PHOTOGRAPHERS AND ARTISTS
The Gavel would like to consider your photograph and artwork for its cover.
MATTER
• Color photographs of North Dakota landscapes; building interiors and exteriors( including the State Capitol Building); landmarks; and animals( people can appear only as incidentals and must not be identifiable)
TECHNICAL REQUIREMENTS
• Vibrant color, sharp focus, high contrast
• Digital photos preferred
• Use the highest quality image setting on your smartphone or digital camera.
• Portrait orientation( vertical) is preferred.
• Photos must be at least 8x10 inches at 300 dpi for full photo cover.
• Send the original JPG(. jpg) file. Please do not resize or change resolution.
ELIGIBILITY REQUIREMENTS
• SBAND members, active and retired only( does not include relatives of SBAND members)
• Law-related administrative staff
• North Dakota law students
SUBMISSION INFORMATION
• Email your photos to: tony @ sband. org.
• Identify the photographer; include legal affiliation.
• Include a brief description of the photograph and a working photograph title; note where and when the photo was taken.
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