Justia Criminal Law Opinion Summaries

In 2021, a jury convicted an individual of gross sexual imposition involving his 13-year-old cousin, resulting in her pregnancy. DNA evidence established a high probability that he was the father. During the trial, the prosecutor asked an improper question regarding family support for the victim and defendant, which led to a defense objection and a curative instruction from the judge. The defendant moved for a mistrial, which was denied. On direct appeal, the North Dakota Supreme Court found the improper question was not sufficiently prejudicial to warrant a new trial, as the jury was instructed to disregard it.Subsequently, the defendant filed a petition for postconviction relief in the District Court of Cass County, later amending it to argue that three recent North Dakota Supreme Court decisions involving the same prosecutor constituted newly discovered evidence of a pattern of prosecutorial misconduct. The district court analyzed the claim under the standard for newly discovered evidence, finding that while the cited cases were decided after the defendant’s trial, they were not material to the issues at trial and would not likely result in an acquittal. The court also held that the claim was barred by res judicata, as the issue of prosecutorial misconduct had already been fully litigated and decided on direct appeal.The North Dakota Supreme Court reviewed the district court’s denial of postconviction relief. It held that the recent decisions did not constitute newly discovered evidence material to the trial’s issues and would not likely result in an acquittal. The court further concluded that the claim was barred by res judicata because it had been fully and finally determined on direct appeal. The Supreme Court affirmed the district court’s judgment denying postconviction relief. View "Bazile v. State" on Justia Law

In 2009, Ciro Gomez was charged and found guilty of continuous sexual abuse of a child. His conviction was affirmed on appeal. In September 2024, Gomez filed a petition for postconviction relief, claiming a significant change in law and newly discovered evidence proving his innocence. The State moved for summary disposition, and the district court dismissed Gomez’s petition but later granted reconsideration. In January 2025, the court summarily dismissed the petition as untimely without an evidentiary hearing. Gomez appealed.The district court ruled that there had been no substantive change in the law applicable to Gomez’s case. Gomez had relied on State v. Noble, but the court found that Noble did not represent a significant change in the law. The court also determined that the alleged newly discovered evidence was not new, as it was known to Gomez at the time of his trial or discovered more than two years before filing the petition.The North Dakota Supreme Court reviewed the case and affirmed the district court’s decision. The court held that Gomez’s petition was untimely and did not meet the exceptions to the two-year filing rule under N.D.C.C. § 29-32.1-01(3). The court found that the evidence Gomez presented was not newly discovered and that any new information was known to him three years prior, exceeding the two-year limit for filing a postconviction relief application. Therefore, the district court did not err in summarily dismissing Gomez’s petition. View "Gomez v. State" on Justia Law

Hope Marie Landsberger was found guilty of providing false information to law enforcement. She reported that Nathan Vetter, with whom she shares custody of their infant child, returned the child with a mouth injury and refused to explain how it occurred. However, a recording of the exchange showed that Landsberger did not speak to Vetter during the exchange, contradicting her claims. Additionally, Vetter had previously explained a different incident involving their child, to which Landsberger had acknowledged. The officer noted that Landsberger's report misled law enforcement and that she had a history of filing unfounded police reports against Vetter.The District Court of Burleigh County, South Central Judicial District, held a jury trial where Landsberger was found guilty of willfully giving false information to a law enforcement officer in violation of N.D.C.C. § 12.1-11-03(1). Landsberger appealed, arguing that the district court erred by not instructing the jury on the essential elements of the offense with sufficient specificity.The Supreme Court of North Dakota reviewed the case and affirmed the district court's judgment. The court held that the jury instructions provided by the district court were correct and adequately informed the jury of the applicable law. The instructions specified the date, location, and all elements of the offense as required by the statute. The court found that Landsberger's requested modifications to the jury instructions would have added elements not required by the statute and increased the State's burden of proof. The court concluded that the instructions, taken as a whole, were not erroneous and did not affect a substantial right of the defendant. Therefore, the conviction was upheld. View "State v. Landsberger" on Justia Law

Garron Gonzalez pled guilty in 2004 to two counts of gross sexual imposition and was sentenced to five years on each count, concurrently, with most of the sentence suspended for probation. His probation was revoked in 2005, and he was resentenced to five years on each count, concurrently, with part of the sentence suspended. In 2011, his probation was revoked again, and he was resentenced to 20 years on each count, consecutively. In 2013, a postconviction relief application led to a new revocation hearing, and in 2014, he was resentenced to 20 years on each count, concurrently. In 2023, another postconviction relief application resulted in a resentencing to five years on each count, consecutively. This was reversed on appeal, and in February 2024, he was resentenced to five years on each count, concurrently, with credit for time served.Gonzalez filed a postconviction relief application in May 2024, arguing that his 2005 sentence was illegal and that his credit for time served was incorrect. The State opposed his application. Gonzalez waived the postconviction hearing, and after submitting a closing brief, the district court denied his application, concluding he failed to show his sentence was illegal or that his credit for time served was incorrect.The North Dakota Supreme Court reviewed the case and considered the issue of mootness. The court noted that Gonzalez had completed his sentence under the 2024 judgment, which rendered his arguments about the 2005 sentence and credit for time served moot. The court concluded that any collateral consequences Gonzalez claimed were speculative and would not be remedied by a favorable ruling. Therefore, the appeal was dismissed as moot. View "Gonzalez v. State" on Justia Law

In October 2023, a truck was stolen from a shop in Burleigh County, North Dakota. Surveillance video captured images of an individual at the shop, and shortly thereafter, the truck was driven away without permission. The next morning, the truck was found engulfed in flames with a rag in the fuel port. Jason Allen Leingang was observed wearing clothing identical to the individual in the surveillance video shortly after the truck was discovered.Leingang was charged with theft of property over $50,000, a class A felony. During a preliminary hearing in December 2023, a Bismarck Police Department officer testified about the original surveillance video, which was not preserved. Only two brief video clips were available, showing an individual walking through the parking lot and the truck leaving. In February 2024, Leingang filed a motion to suppress testimony related to the surveillance video, which the district court denied. During the May 2024 trial, Leingang objected again to the admission of the testimony, but the objection was overruled, and the video clips were admitted into evidence. The jury found Leingang guilty.The North Dakota Supreme Court reviewed the case. Leingang argued that the district court erred in admitting the two video clips and the testimony about the entire surveillance video. The Supreme Court noted that Leingang did not object to the video clips at trial and did not argue obvious error on appeal. The court also found that the district court did not abuse its discretion in admitting the testimony about the entire surveillance video under Rule 1004(a) of the North Dakota Rules of Evidence, as the original video was lost without bad faith by the state. The Supreme Court affirmed the criminal judgment. View "State v. Leingang" on Justia Law

In May 2023, Daedyn Lewellyn was charged with terrorizing. His trial was initially scheduled for September 2023, but his court-appointed attorney retired, leading to multiple changes in representation. Lewellyn requested and was granted a continuance to review discovery, rescheduling the trial to January 2024. He later sought to change his plea but expressed dissatisfaction with his attorney, leading to further changes in representation. By August 2024, Lewellyn had gone through six court-appointed attorneys, with the last few withdrawing due to conflicts or deteriorated attorney-client relationships. On the eve of trial, Lewellyn dismissed his latest attorney and requested a continuance and new counsel, which the court denied.The District Court of Burleigh County, South Central Judicial District, presided over by Judge Cynthia M. Feland, handled the initial proceedings. The court granted several continuances due to changes in Lewellyn’s representation and scheduling conflicts. However, when Lewellyn dismissed his attorney the day before the trial, the court denied his request for another continuance and new counsel, citing the case's age and multiple previous continuances.The North Dakota Supreme Court reviewed the case. The court held that Lewellyn’s Sixth Amendment right to counsel was not violated. It determined that Lewellyn’s conduct amounted to a voluntary waiver of his right to counsel, as he was repeatedly informed that no further substitute counsel would be appointed. The court also found that Lewellyn’s waiver was knowing and intelligent, given his understanding of the risks of self-representation. Additionally, the court ruled that the district court did not abuse its discretion in denying the continuance request, considering the case's age and the numerous previous continuances. The Supreme Court affirmed the criminal judgment. View "State v. Lewellyn" on Justia Law

Jesse Taylor, Jr. was charged with murder and aggravated assault after his case was transferred from juvenile court to district court in October 2022. In August 2023, a seven-day jury trial was held, and Taylor was found guilty of both charges. He was sentenced to life in prison with the possibility of parole for the murder charge and a concurrent five-year sentence for the aggravated assault charge.Taylor appealed the judgment, raising three issues: the jury's verdict was not unanimous, the district court abused its discretion by denying the defense the ability to properly cross-examine a State's witness, and the court imposed an illegal sentence. The North Dakota Supreme Court reviewed the case. The court found that the jury's verdict was unanimous, as confirmed by the district court on multiple occasions, including a hearing held after the case was remanded. The court also determined that Taylor failed to preserve the issues regarding the evidentiary rulings for appeal, as he did not make an offer of proof or inform the district court of the desired actions or objections.Regarding the sentence, the court noted that Taylor was sentenced to life in prison with the possibility of parole, requiring a determination of his life expectancy. The district court used the age of 15 to determine Taylor's life expectancy, as there was no exact calculated life expectancy for the age of 18 in the mortality table. The North Dakota Supreme Court concluded that the district court acted within the limits of the statute and did not rely on any impermissible factors in determining the sentence.The North Dakota Supreme Court affirmed the judgment, upholding Taylor's conviction and sentence. View "State v. Taylor" on Justia Law

Conrad Calvin Ziegler was charged with criminal mischief and stalking based on his actions toward a couple who were witnesses against him in a separate domestic violence case. The couple reported that Ziegler repeatedly drove around their block, made threatening statements, and later, bags of human feces began appearing in their yard. Security cameras captured vehicles similar to Ziegler's near the couple's property. Additionally, Ziegler was recorded vandalizing one of the victim's vehicles, causing significant damage.The District Court of McHenry County, Northeast Judicial District, presided over the case. During the trial, the court admitted testimony and exhibits related to the valuation of damages to the victim's vehicle over Ziegler's hearsay objections. The jury convicted Ziegler of both charges, and the court entered an amended judgment.The Supreme Court of North Dakota reviewed the case. Ziegler argued that the district court erred in admitting hearsay evidence and that there was insufficient evidence to support his stalking conviction. The Supreme Court held that while the insurer's offer letters were inadmissible hearsay, the error was harmless because the victim's testimony regarding the vehicle's damage was properly admitted under the property owner rule. The court also found sufficient evidence to support the stalking conviction, noting Ziegler's repeated acts of harassment and intimidation directed at the couple.The Supreme Court of North Dakota affirmed the amended criminal judgment, concluding that the district court did not abuse its discretion and that the evidence presented at trial was sufficient to support the jury's verdict. View "State v. Ziegler" on Justia Law

Artur Skobodzinski was driving a commercial vehicle when he was stopped by a North Dakota Highway Patrol trooper for a safety inspection. The trooper detected an odor of alcohol and observed that Skobodzinski had bloodshot eyes. Skobodzinski denied recent alcohol consumption and refused field sobriety tests. He also refused an on-site screening test and a chemical breath test, leading to his arrest for driving under the influence. Skobodzinski requested to speak with an attorney but was only allowed to do so over an hour later at the law enforcement center.The Department of Transportation held an administrative hearing and found that Skobodzinski refused the chemical test and had a reasonable opportunity to contact an attorney. Consequently, his driving privileges were revoked for 180 days. The district court affirmed this decision.The North Dakota Supreme Court reviewed the case and concluded that the hearing officer did not err in finding that Skobodzinski refused the chemical test. However, the court found that the hearing officer erred in determining that Skobodzinski was given a reasonable opportunity to speak with an attorney. The court noted that the trooper could have allowed Skobodzinski to contact an attorney immediately after his request, rather than delaying it until they reached the law enforcement center. The court emphasized that the trooper's delay deprived Skobodzinski of a meaningful opportunity to consult with an attorney and potentially cure his refusal to take the chemical test.The North Dakota Supreme Court reversed the district court’s judgment and the hearing officer’s decision, thereby reinstating Skobodzinski’s driving privileges. View "Skobodzinski v. NDDOT" on Justia Law

Brent Burton was charged with domestic violence, a class B misdemeanor, after a 911 call was made from his residence reporting an assault. The call was purportedly made by Burton's wife, who described being grabbed and slapped by Burton. The State filed a notice of intent to use the 911 call recording as evidence, supported by a certificate of authenticity from the records custodian of Central Dakota Communications. Burton pleaded not guilty and proceeded to trial.At the jury trial, the State was unable to locate or subpoena Burton's wife. Burton objected to the introduction of the 911 call recording, arguing it violated his Sixth Amendment right to confront his accuser. The district court admitted the recording, finding it addressed an ongoing emergency. The jury found Burton guilty, and the court sentenced him accordingly.Burton appealed to the Supreme Court of North Dakota, arguing the admission of the 911 call violated his Sixth Amendment rights and that the recording was improperly authenticated and contained inadmissible hearsay. The Supreme Court reviewed the case de novo and concluded the 911 call was nontestimonial, as its primary purpose was to address an ongoing emergency. The court also found sufficient circumstantial evidence to authenticate the call and determined it fell under the present sense impression exception to the hearsay rule.The Supreme Court of North Dakota affirmed the district court's judgment, holding that the admission of the 911 call did not violate Burton's constitutional rights and that the recording was properly authenticated and admissible under the hearsay exceptions. View "State v. Burton" on Justia Law