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Does North Dakota have any capital crimes?

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A recent article in The Jamestown Sun detailed white supremacist Craig Cobb’s battle to be granted bail.

The report states the North Dakota Supreme Court ruled in Cobb’s favor, noting the state Constitution requires bail be allowed in all but certain “capital” cases.

Here’s the rub: Does North Dakota even have any capital crimes?

If a shooter massacres a whole crowd of people, and pledges to kill even more if released, the judge in his case still has no choice but to let him back on the streets, right?

Or am I missing something here?

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