Ostafin v. State

[¶29] For the reasons set forth in my dissent in State v. Trieb, 516 N.W.2d 287, 292-94 (N.D.1994) (Sandstrom, J., dissenting), I dissent.

[¶ 80] The majority writes at ¶ 5:

“The legal maxim, ‘a law established for a public reason cannot be contravened by a private agreement,’ supports our decision that a defendant cannot waive a right the legislature has given to prison administration to utilize for the purpose of inducing good behavior in prison. N.D.C.C. § 31-11-05(4). Further, there can be no waiver of statutory rights if such waiver would be against public policy. N.D.C.C. § 1-02-28. The…