State v. Emil

[¶ 14] I respectfully dissent, because the State has complied with the plain language of N.D.C.C. § 29-28-07(5).

I

[¶ 15] “Appeals shall be allowed from decisions of lower courts to the supreme court as may be provided by law.” N.D. Const, art. VI, § 6. “As such, we have held that the right to appeal in this state is governed solely by statute.” Interest of K.J., 2010 ND 46, ¶ 14, 779 N.W.2d 635. Accordingly, this Court is not entitled to restrict the right to appeal as established by the legislature. See, e.g., In re Heart River Irr. Dist., 78 N.D. 302, 49 N.W.2d 217, 224 (1951) (“Statutes…