Search Tips

State v. Moses

Docket No. 20220101
Oral Argument: Monday, September 26, 2022 1:30 PM

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Kengi Sabanaya Moses, Jr., Defendant and Appellant
Case Type
CRIMINAL APPEAL : MISC. STATUTORY OFFENSE (FELONY)
Appeal From
Case No. 2021-CR-00229
East Central Judicial District, Cass County
Tristan Jones Van de Streek
Oral Argument 9/26/2022

Parties' Statement of Issues

  • Appellant

    I. The State violated Mr. Moses’ Constitutional rights to Due Process and Equal Protection.
    a. The State violated Mr. Moses’ right to Due Process.
    i. Mr. Moses was denied his right to Due Process of law when the State failed to provide him notice that they were infringing on his property and liberty right.
    ii. Mr. Moses was denied Due Process as North Dakota Century Code §§ 62.1-02-01(1) and 62.1-02-01(2) are unconstitutionally vague.
    b. The State violated Mr. Moses’ right to Equal Protection by treating a juvenile adjudication, that did not afford Mr. Moses the same
    rights of an adult criminal prosecution, as a criminal conviction.
    2. Moses’ juvenile adjudication cannot be used by the State to prove the current charge as it is not a criminal conviction, and the Uniform Juvenile
    Court Act specifically prohibits the use of a civil, juvenile adjudications outside of juvenile court.
    3. North Dakota Century Code §§ 62.1-02-01(1) and 62.1-02-01(2) are ambiguous and the Rule of Lenity applies.

  • Appellee 1

    1. Whether due process requires Moses be specifically notified firearms prohibition is a collateral consequence of his 2015 juvenile
    adjudication.
    2. Whether use of a juvenile adjudication to determine firearms prohibition violates the Equal Protection Clause of the Fourteenth
    Amendment.
    3. Whether N.D.C.C. § 62.1-02-01 is unconstitutionally vague.
    4. Whether N.D.C.C. § 62.1-02-01 is ambiguous.


Summary

Kengi Moses appeals from an order deferring imposition of sentence entered upon a conditional plea of guilty to unlawful possession of a firearm after the district court denied his motions to dismiss.

In December 2015, the juvenile court entered an order finding Moses committed the delinquent act of theft, which “would be a Class C Felony if committed by an adult.” In September 2020, Moses possessed a firearm at a Fargo gun range. The State charged him with unlawfully possessing a firearm within five years after a felony conviction. Moses moved to dismiss, asserting that the 2015 juvenile adjudication was not a “conviction” and thus did not prohibit him from possessing a firearm and that the firearm prohibition statute violated his due process rights. The district court denied the motions to dismiss. Moses conditionally pled guilty, reserving his right to appeal. The district court entered an order deferring imposition of sentence.

On appeal, Moses argues his prior juvenile adjudication is not a conviction barring his possession of a firearm, the firearm prohibition statute is ambiguous and conflicts with the Uniform Juvenile Court Act, and his due process and equal protection rights were violated.


Briefs

Filing Date Description
06/06/2022 APPELLANT BRIEF View
07/06/2022 APPELLEE BRIEF View
07/19/2022 REPLY BRIEF View

Counsel

Party Type Name
APPELLEE ASST. STATE'S ATTORNEY Nicholas Steven Samuelson - 08841
APPELLEE ASST. STATE'S ATTORNEY SheraLynn Ternes - 08412
APPELLANT COURT APPOINTED Stormy Roger Vickers - 06539
APPELLANT COURT APPOINTED Alexis Lorraine Madlom - 09486

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 03/29/2022 NOTICE OF APPEAL : 03/29/2022
2 03/29/2022 ORDER FOR TRANSCRIPT : 03/29/2022
3 03/30/2022 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 03/30/2022 Notice Served on Stormy R. Vickers and SheraLynn Ternes
5 04/08/2022 AMENDED ORDER DEFERRING IMPOSITION OF SENTENCE ENTERED
6 04/28/2022 All Transcripts Filed in Record
7 04/29/2022 ELEC. RECORD ON APPEAL DATED APRIL 28, 2022 (ENTRY NOS.1-51, 54-82)(MAILED 52-53)
8 05/02/2022 Rec'd Via U.S. Mail Index #52(Exhibit 1 - DVD) & Index #53(Exhibit 3 - DVD)
9 06/06/2022 Rec'd written consent of Stormy Vickers & Appellant for Alexis Madlom, law student
10 06/06/2022 APPELLANT BRIEF View
11 06/06/2022 Oral Argument Request by Appellant
12 06/07/2022 Rec'd 3 copies of ATB back from CD
13 07/06/2022 APPELLEE BRIEF View
14 07/06/2022 Oral Argument Request by Appellee
15 07/08/2022 Rec'd 3 copies of AEB back from CD.
16 07/19/2022 REPLY BRIEF View
17 07/21/2022 Rec'd 3 copies of RYB back from CD
18 08/18/2022 NOTICE OF ORAL ARGUMENT SENT
19 09/26/2022 APPEARANCES: Stormy R. Vickers; Alexis L. Madlom; Nicholas S. Samuelson
20 09/26/2022 ARGUED: Alexis L. Madlom; Nicholas S. Samuelson
21 09/26/2022 ORAL ARGUMENT WEBCAST