State v. Arot

[¶ 15] Admittedly, this case deals with an issue apparently seldom confronted by the courts in this country — the disputed date of birth of an immigrant. Although there is some contrary authority, the majority relies on a single, rather recent decision of a federal trial court and a recent Minnesota Supreme Court opinion to resolve the issue by a pre-trial motion to dismiss with the issue to be decided by a judge’s finding by a preponderance of the evidence.

[¶ 16] I believe looking to the two recent non-North Dakota decisions is inappropriate because it is inconsistent with our longstanding…