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Court Reviews 81 Year Sentence for Nonviolent Property Crimes in North Dakota

September 26, 2025 | Supreme Court , State Agencies, Organizations, Executive, North Dakota


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Court Reviews 81 Year Sentence for Nonviolent Property Crimes in North Dakota
In a recent session of the North Dakota Supreme Court, the case of State v. Wallette drew significant attention as discussions centered around the legality and proportionality of a lengthy sentence imposed for property crimes. The primary contention arose from the defense's argument that the district court had imposed an illegal sentence, violating the Eighth Amendment's prohibition against cruel and unusual punishment, as well as Article 1, Section 11 of the North Dakota Constitution.

The defendant, Tristan Wallette, was sentenced to a total of 81 years for multiple property crimes, including breaking into the Rugby Airport, which resulted in approximately $1 million in damages. The defense argued that such a sentence was grossly disproportionate to the nature of the crimes, which were nonviolent and involved property damage rather than personal harm. They emphasized that the sentence effectively amounted to a 30-year term before eligibility for probation, which they deemed excessive compared to sentences for more serious offenses, including violent crimes.

The defense highlighted that the judge's comments during sentencing suggested a personal bias, as he referenced the financial impact on the victims without sufficient evidence to support his claims. They argued that the judge's reliance on impermissible factors, such as his personal knowledge of aircraft depreciation, undermined the fairness of the sentencing process. The defense maintained that the absence of physical harm to individuals and the nonviolent nature of the crimes should have resulted in a significantly lighter sentence.

Conversely, the state defended the sentence, asserting that the court had appropriately considered the severity of the crimes and the defendant's criminal history. They argued that the judge's comments reflected a legitimate concern for community safety and the broader impact of Wallette's actions on local businesses and residents. The state contended that the sentence fell within statutory limits and was not grossly disproportionate given the magnitude of the damages caused.

As the court deliberated, the justices raised questions about the implications of the sentence and the arguments presented by both sides. They explored whether the claims of illegal sentencing could be raised at this stage and the potential for the court to consider the broader context of sentencing practices in North Dakota.

The outcome of this case could have significant implications for future sentencing in similar nonviolent property crime cases, particularly regarding the balance between punishment and proportionality. The court's decision will likely address the ongoing debate about the appropriateness of lengthy sentences for nonviolent offenses and the standards for determining cruel and unusual punishment under both state and federal law. As the justices continue their deliberations, the legal community and the public await a ruling that could reshape the landscape of sentencing in North Dakota.

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