State v. Weber

Citations

• 2025 ND 183

Syllabus

A party bears the burden to correctly label its motion as to inform the court of the relief sought. The district court did not err when it treated appellant's motion as a request for relief under N.D.R.Crim.P. 35(a) based on its label. An as-applied challenge to probation conditions is not ripe for review when the individual subject to the probation conditions is still incarcerated. This Court declines to address a facial challenge to the constitutionality of a statute without the benefit of adversarial briefing.