E.g., Swenson v. Northern Crop Ins., Inc., 498 N.W.2d 174, 177 n. 2 (N.D.1993); Baranyk v. McDowell, 442 N.W.2d 423, 424 (N.D.1989); Fairmount Twp. Bd. of Supervisors v. Beardmore, 431 N.W.2d 292, 295 (N.D.1988). [¶ 19] An exception to the Reiling rule was created in the criminal context. Cummings, 386 N.W.2d at 472. Cummings determined that when considering ameliorating penal legislation, courts may infer the Legislature intended retroactivity be- cause a lesser punishment is the most appropriate penalty for the offense. Id,.; see also State v. Shafer-Imhoff, 2001 ND 146, ¶ 45, 632 N.W.2d 825 (stating amelioration of imprisonment may be retroactive “prior to the final conviction without infringing on the executive branch’s exclusive power to pardon”); cf. Davenport, 536 N.W.2d 686 (<HOLDING>). Because White’s case does not involve an
holding that the act is retroactive holding that retroactive application of amended guidelines provision is not plain error holding retroactive application holding that the act is not retroactive holding amended statute of limitation retroactive and criminal charges timely