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383 N.W.2d 828

State v. Kingsley

North Dakota Supreme Court

Decided March 19, 1986

North Dakota Supreme Court · decided 1986-03-19

Key passage — most relied on by later courts

“It is well to bear in mind that there is no presumption of incompetence simply because a developmentally disabled person is receiving special services or living at a residence for the developmentally disabled. North Dakota Century Code § 25-01.2-03. Nor is a developmentally disabled person deprived of the right to “interact” with members of the opposite sex. NDCC § 25-01.2-03(3).”

quoted by 1 later decision, including State v. Mosbrucker

Good law ✅— No negative treatment on recordhow we know

Decided 1986-03-19

How this case has been cited

Cited by 10 later decisions — most recently March 2012

10 state decisions

601986199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

LEVINE, Justice

¶1(concurring specially).

¶2I write specially to voice a caveat to the prosecution. I have no doubt that there was substantial evidence for the jury to find that the victims did not understand the nature of the conduct involved. I share the sentiment of the majority that the State only “minimally” met its burden of establishing that this lack of understanding arose by virtue of mental disease or defect. Indeed, if our standard of review were other than that of reviewing the evidence in the light most favorable to the prosecution, a different result would have ensued.

¶3It is well to bear in mind that there is no presumption of incompetence simply because a developmentally disabled person is receiving special services or living at a residence for the developmentally disabled. North Dakota Century Code § 25-01.2-03. Nor is a developmentally disabled person deprived of the right to “interact” with members of the opposite sex. NDCC § 25-01.2-03(3). I believe the State should, in cases like the instant one, present testimony of a medical expert on the subject of mental defect or mental disease and its effect on a particular individual’s comprehension. The jury is entitled to at least that much, if not more assistance in reaching a verdict.

MESCHKE and GIERKE, JJ., concur.
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