Justia Criminal Law Opinion Summaries

Cory Almklov was charged with multiple offenses, including attempted murder, aggravated assault, burglary, and theft of property. His cases were joined for trial, and he was convicted and sentenced to twenty-five years for attempted murder, with other sentences running concurrently. His convictions were affirmed on appeal.Almklov filed a pro se application for postconviction relief, alleging ineffective assistance of counsel among other grounds. The State moved for summary disposition, arguing that there were no material facts in dispute and that Almklov's claims were barred by res judicata and misuse of process. The district court granted the State's motion, dismissing Almklov's application with prejudice, finding he failed to provide evidence supporting his claims of ineffective assistance.On appeal to the Supreme Court of North Dakota, Almklov argued that the district court erred in dismissing his application without an evidentiary hearing. He claimed his counsel was ineffective for failing to call two witnesses, object to the joinder of his cases, and file a motion to suppress his statements to law enforcement. The court noted that ineffective assistance claims are typically not suited for summary disposition without a hearing but affirmed the lower court's decision because Almklov did not provide any evidence to support his claims.The Supreme Court of North Dakota held that Almklov failed to meet his burden of proof for his ineffective assistance claims. He did not show what the uncalled witnesses would have testified, how the joinder of cases prejudiced him, or that a motion to suppress would have been successful. Consequently, the court affirmed the district court's summary dismissal of Almklov's postconviction relief application. View "Almklov v. State" on Justia Law

In February 2024, Cailin Leann Gackle was arrested for driving under the influence of alcohol. At the police department, Officer Cullen Hall conducted two breath test sequences using the Intoxilyzer 8000. The first test sequence was invalidated due to a "Difference Too Great" between the two samples. Officer Hall began the second test sequence 18 minutes after the first test ended, instead of the required 20 minutes. Gackle's driving privileges were suspended for 365 days based on the results of the second test.Gackle requested an administrative hearing, arguing that the breath test was not fairly administered because Officer Hall did not comply with the 20-minute waiting period required by the approved method. The hearing officer overruled her objection, admitted the test records, and upheld the suspension. Gackle appealed to the District Court of Ward County, which affirmed the Department of Transportation's decision.The North Dakota Supreme Court reviewed the case and concluded that the Department failed to establish the fair administration of the breath test. The court determined that the approved method requires a 20-minute wait before beginning a new test sequence after an invalid test. Since Officer Hall only waited 18 minutes, the test was not administered in accordance with the approved method. The court held that without expert testimony to address the deviation, the test results could not be considered reliable. Consequently, the court reversed the lower court's decision and remanded the case to the Department for reinstatement of Gackle's driving privileges. View "Gackle v. NDDOT" on Justia Law

Coby Edwards was charged with class AA felony gross sexual imposition for allegedly engaging in a sexual act with a five-year-old child. The State intended to use statements made by the child during a recorded interview and a forensic medical examination, which were admitted under an exception to the hearsay rule. During the trial, various witnesses, including the child, testified. Edwards's counsel mentioned difficulties in communication due to Edwards's pretrial detention and failed to call an expert witness. The jury found Edwards guilty, and the conviction was affirmed on appeal.Edwards then filed for postconviction relief, claiming ineffective assistance of counsel. He argued that his counsel's references to the child as "the victim," failure to object to hearsay, and failure to call an expert witness constituted ineffective representation. The district court held an evidentiary hearing and denied the application, finding that the counsel's decisions were strategic and that Edwards did not demonstrate how an expert witness would have changed the outcome. The court also found that the references to the child as a victim were deficient but did not prejudice the trial's outcome.The North Dakota Supreme Court reviewed the case and affirmed the district court's decision. The court held that Edwards failed to show a reasonable probability that the trial outcome would have been different without the alleged deficiencies in his counsel's performance. The court noted that the evidence against Edwards, including the child's testimony and statements, was substantial and that the counsel's errors did not undermine confidence in the trial's outcome. View "Edwards v. State" on Justia Law

In 2018, Kevin Hoff pled guilty to murder and was sentenced to life without parole. Since his conviction, Hoff has filed three applications for postconviction relief. His first application, filed in May 2020, claimed ineffective assistance of counsel and newly discovered evidence. The amended application, which abandoned the newly discovered evidence claim, was denied, and the denial was affirmed on appeal. Hoff's second application, filed in December 2021, claimed his trial counsel incorrectly advised him about the defense of others. The State moved to dismiss this application as time-barred and for summary disposition based on res judicata and misuse of process. The district court granted the State's motions, and Hoff did not appeal.In his third application, Hoff claimed a mental disease excepted him from the two-year limitation, his trial counsel incorrectly advised him, and newly discovered evidence existed. He also filed a Rule 60(b) motion to vacate the order denying his second application. The district court consolidated the Rule 60(b) motion with the third application and held an evidentiary hearing. The court granted the State's motion to dismiss based on the two-year limitation, granted the State's motion for summary disposition based on res judicata and misuse of process, denied Hoff's application, and dismissed his Rule 60(b) motion.The North Dakota Supreme Court reviewed the case and affirmed the district court's judgment. The court held that Hoff's third application was barred by the two-year limitation in N.D.C.C. § 29-32.1-01(2) and that Hoff did not demonstrate a physical disability or mental disease that precluded timely assertion of his application. The court also concluded that Hoff waived the issue of the denial of his Rule 60(b) motion by not adequately briefing it on appeal. The court did not address the res judicata and misuse of process arguments, as the application was already precluded by the two-year limitation. View "Hoff v. State" on Justia Law

Joshua McCleary was charged with multiple counts of theft, burglary, criminal mischief, and conspiracy related to a series of thefts between December 2020 and January 2021. At the time of these charges, McCleary was already incarcerated for previous convictions. He filed a request for a speedy trial under the Uniform Mandatory Disposition of Detainers Act (UMDDA), which requires a trial within ninety days unless good cause is shown for a delay. McCleary was paroled but remained in custody due to failure to post bail on the new charges.The District Court of Barnes County denied McCleary's motions to dismiss, stating that the UMDDA's ninety-day period no longer applied once he was released from the state penitentiary on parole. McCleary conditionally pled guilty to seven counts, reserving the right to appeal the denial of his motions to dismiss. The court entered a judgment noting the conditional nature of the pleas.The North Dakota Supreme Court reviewed the case. McCleary argued that his case should have been brought to trial within the ninety-day period under the UMDDA because he remained in state custody. The court held that the UMDDA did not apply once McCleary was paroled, as he was no longer serving a prison sentence but was a detainee due to not posting bail. The court also found that McCleary waived any procedural defects regarding the habitual offender status by stipulating that the statutory requirements were met. Lastly, the court determined that the judgment did not need correction to specify the conditional nature of the plea, as it was clear on the face of the judgment.The North Dakota Supreme Court affirmed the criminal judgment. View "State v. McCleary" on Justia Law

On December 19, 2023, Lee Meiers was arrested for driving under the influence. The arresting officer read Meiers the implied consent advisory and conducted a chemical breath test, which showed an alcohol concentration above the legal limit. The officer completed and certified a report and notice form, printed and signed the test record and checklist, and provided copies to Meiers and the North Dakota Department of Transportation (NDDOT). However, the officer did not certify the test record and checklist before forwarding it to the NDDOT.Meiers requested an administrative hearing, where he objected to the admission of the uncertified test record and checklist, arguing that it was not certified as required by N.D.C.C. § 39-20-03.1, and thus the NDDOT lacked authority to suspend his driving privileges. The hearing officer overruled the objection, admitted the test record and checklist, and suspended Meiers’s driving privileges for 180 days. Meiers appealed to the District Court of Mountrail County, which reversed the hearing officer’s decision, concluding that a certified copy of the test record and checklist was required to invoke the NDDOT’s authority.The North Dakota Supreme Court reviewed the case and reversed the district court’s judgment. The Supreme Court held that the requirement in N.D.C.C. § 39-20-03.1(4) for the test record and checklist to be certified is not a basic and mandatory provision that impacts the NDDOT’s authority to suspend a driver’s privileges. The court emphasized that the certification requirement is for evidentiary purposes and can be accomplished through other means. Therefore, the NDDOT had the authority to suspend Meiers’s driving privileges despite the lack of certification on the test record and checklist. The Supreme Court reinstated the NDDOT’s decision to suspend Meiers’s driving privileges. View "Meiers v. NDDOT" on Justia Law

Nicholas Caspers pled guilty to murder in November 2010 and was sentenced to fifteen years’ incarceration with seven years suspended and five years of probation. He was released on probation in August 2017. The State filed four petitions to revoke his probation. The first petition was denied in February 2020, with the court amending his probation to include mandatory participation in a sobriety program. The second petition was denied in September 2020, but the court amended the judgment to include sixty days of incarceration. The third petition was granted in November 2022, revoking his probation and resentencing him to thirty months of probation. The fourth petition was granted in October 2023, revoking his probation and sentencing him to serve the seven suspended years of incarceration.Caspers moved for correction of his sentence in February 2024, arguing that the September 2020 and November 2022 judgments were illegal, and that the October 2023 judgment should be vacated. The district court granted his motion in part, awarding him credit for thirty days, but denied the remaining requests for relief.On appeal, Caspers argued that the October 2023 judgment was illegal because it followed an impermissible third revocation of his probation. The North Dakota Supreme Court reviewed the case and determined that the September 2020 proceedings did not result in a revocation of probation but rather an intermediate sanction. The court concluded that Caspers was not subject to an impermissible third revocation of probation in October 2023 and affirmed the district court's order. View "State v. Caspers" on Justia Law

Jason Thompson was charged with two counts of terrorizing, one count of criminal trespass, and one count of disorderly conduct due to his actions at two bars in Mandan. During the trial, the State presented video evidence from an officer’s body camera to demonstrate Thompson’s intent. Thompson objected to the video evidence, arguing it was irrelevant, prejudicial, and violated rules against character evidence and hearsay. The district court overruled his objections and admitted the video evidence. The jury found Thompson guilty on all counts, and he appealed.The District Court of Morton County, South Central Judicial District, presided over by Judge Bonnie L. Storbakken, conducted the trial. Thompson’s objections to the video evidence were overruled, and the jury convicted him on all charges. Thompson appealed the decision, arguing that the district court erred in admitting the video evidence, limiting his cross-examination of the victims, and that the evidence was insufficient to support the convictions.The Supreme Court of North Dakota reviewed the case. The court held that the district court did not abuse its discretion in admitting the video evidence, as it was relevant and not unfairly prejudicial. The court also found that the district court did not err in limiting Thompson’s cross-examination of the victims, as the questions were either irrelevant or had been sufficiently answered. Finally, the court concluded that substantial evidence supported the jury’s verdicts. The Supreme Court of North Dakota affirmed the criminal judgment. View "State v. Thompson" on Justia Law

Kyle Woodman was charged with three counts of gross sexual imposition in Stark County, North Dakota, in April 2022. A jury trial was held in September 2023, and Woodman was found guilty on all counts. In January 2024, the district court sentenced him to twenty years in prison for count one (with all but five years suspended for ten years), and seven and a half years each for counts two and three, with all sentences running consecutively.Woodman appealed, arguing that the district court committed obvious error by not including the essential element that the crimes occurred in North Dakota in the jury instructions, that the prosecutor committed obvious error during closing arguments by creating evidence, incorporating personal beliefs, and vouching for witnesses, and that the district court relied on an impermissible factor (a pending charge) in determining the severity of his sentence.The North Dakota Supreme Court reviewed the case. It concluded that Woodman failed to establish obvious error regarding the jury instructions, as the instructions, when read together, adequately informed the jury that the offenses had to occur in Stark County, North Dakota. The court also found that Woodman did not demonstrate that the prosecutor's comments during closing arguments constituted obvious error affecting his substantial rights, as the jury was instructed to rely on their own recollection of the evidence and disregard any unsupported statements by the attorneys. Lastly, the court determined that Woodman did not show that the district court substantially relied on the pending charge in determining the severity of his sentence.The North Dakota Supreme Court affirmed the amended criminal judgment. View "State v. Woodman" on Justia Law

Ryan Eldon Greene was charged with eleven sexual offenses involving his 15-year-old daughter, who was visiting him in North Dakota during the summer of 2023. The charges included luring minors by computers, incest, corruption of a minor, sexual assault, and solicitation of a minor. Greene pled guilty to all charges on an open plea basis, and the district court sentenced him to a total of 50 years' imprisonment, with some sentences suspended subject to probation.The District Court of Grand Forks County accepted Greene's guilty plea, finding a sufficient factual basis for all charges. Greene was sentenced to five years for each of the ten class C felonies, to run consecutively, and 227 days for the class A misdemeanor, with credit for time served. The sentences for five of the felonies were suspended, contingent on Greene completing ten years of supervised probation.The Supreme Court of North Dakota reviewed Greene's appeal, in which he argued that his convictions and sentences were multiplicitous and violated the Fifth Amendment, and that his sentence constituted cruel and unusual punishment under the Eighth Amendment. The court held that by pleading guilty, Greene waived his right to appeal on the grounds of multiplicity. Additionally, the court found that Greene's sentence was within statutory limits and not grossly disproportionate to the offenses committed. The court concluded that Greene's sentence did not violate the Eighth Amendment or the North Dakota Constitution.The Supreme Court of North Dakota affirmed the criminal judgment, upholding Greene's convictions and sentences. View "State v. Greene" on Justia Law