Volume 981 — North Western Reporter, Second Series

A criminal judgment entered following a jury verdict is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7).

The crime of gross sexual imposition with a child under the age of fifteen is a strict liability offense. Statutes carry a strong presumption of constitutionality. A statute is not unconstitutionally vague if the challenged language, when measured by common understanding and practice, gives adequate warning of the prohibited conduct and marks distinct boundaries for fair administration of the law.

A trial court violates a criminal defendant's speedy trial right only when four factors, in sum, weigh against the state: the length of the delay, reasons for the delay, proper assertion of the right, and actual prejudice to the accused. Rule 403 gives a trial court discretion to exclude probative evidence, and this Court will reverse a district court's decision to admit or exclude evidence only for abuse of discretion. When a party fails to move for a curative instruction, this Court reviews only for obvious error, if and only in rare circumstances when the defendant has suffered a serious injustice.

A hearsay statement may be admitted as an exception if it illustrates the declarant's state of mind, is relevant to the criminal act in question, and shows a defendant's motive to engage in that act. A life sentence with parole must include a calculation of the defendant's life expectancy using the mandated mortality table.

Criminal judgments of possession and delivery of a controlled substance are affirmed under N.D.R.Ev. 614(b) and sufficient weight of evidence and sufficiency of evidence.

Words are given their ordinary and popular meaning unless the words are used in a technical sense or given a special meaning. The word "may" will only be construed as "must" where the content of the subject matter compels that construction. Specific performance requires parties to perform their contractual promises, and therefore, is inconsistent with termination of the contract. Specific performance is not an absolute right and equitable principles will be followed to determine if it is appropriate.

When this Court views evidence admitted at trial in a light most favorable to a verdict, and finds sufficient evidence exists that would allow a jury to draw a reasonable inference in favor of conviction, a criminal judgment must be affirmed.

This Court's authority to issue supervisory writs is discretionary and is used only to rectify errors and prevent injustice in extraordinary cases where no adequate alternative remedy exists. Whether the attorney-client privilege is waived depends on the circumstances of each case. The discovery rules relating to work product do not apply to discovery of an expert's information. Disclosing a client or client representative as an expert witness is not a per se waiver of any privileges.