North Dakota v. GrattonAnnotate this Case
The State charged Nicholas Gratton after an incident occurred in December 2018. He was charged with simple assault–domestic violence, terrorizing–domestic violence, theft of property, and unlawful possession of drug paraphernalia. After considering the complaint and testimony presented, the district court dismissed the class C felony theft of property count, finding the charge lacked probable cause. The State appealed. The North Dakota Supreme Court found, after a review of the trial court record, the State produced sufficient evidence to establish probable cause for a charge of class C felony theft. The Supreme Court therefore reversed and remanded for further proceedings.