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| State v. Gaede, No. 20060188,
SUPREME COURT OF NORTH DAKOTA, July 25, 2007, Filed
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Overview: Sufficient evidence supported defendant's murder conviction because although there was no independent and direct evidence about actual trigger person for victim's death, combined and cumulative effect of other independent evidence tended to connect defendant to murder and corroborated testimony of defendant's wife under N.D. Cent. Code § 29-21-14.
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| State v. Hahne, No. 20070013,
SUPREME COURT OF NORTH DAKOTA, July 25, 2007, Filed
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Overview: District court had to apply correct legal standard to motion to suppress as it relied on erroneous assumption that law enforcement had to provide legal opportunity for motorists to avoid checkpoints and roadblocks; under Fourth Amendment and N.D. Const. art. I, § 8, avoidability was to be considered in evaluating intrusion on liberty of motorists.
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| State v. Holbach, No. 20060297,
SUPREME COURT OF NORTH DAKOTA, July 25, 2007, Filed
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Overview: Under Sixth Amendment and N.D. R. Crim. P. 32(f), defendant's conduct was equivalent of waiver of right to counsel as behavior was indicative of using pretrial motion practice and requesting different lawyers to obstruct legal process. Defendant was familiar with criminal justice and legal process and knowingly and intelligently waived his right.
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| State v. Schweitzer, No. 20060243,
SUPREME COURT OF NORTH DAKOTA, July 25, 2007, Filed
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Overview: Court did not err during defendant's assault trial in allowing hearsay testimony to be admitted into evidence as excited utterance under N.D. R. Evid. 803(2) where testimony by victim's sister established that victim's son was "extremely upset" when he saw his mother bleeding; testimony reflected son's stress and excitement when he saw his mother.
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| State v. Vantreece, No. 20060139,
SUPREME COURT OF NORTH DAKOTA, July 25, 2007, Filed
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Overview: Defendant's conviction for gross sexual imposition under N.D. Cent. Code § 12.1-20-03(1)(a) because cutting a hole in the complainant's pajama was inadequate to prove that defendant used force to compel the complainant to submit to having sex with defendant when the complainant feigned sleeping and did not try to resist or ask defendant to stop.
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| Steen v. State, No. 20060349,
SUPREME COURT OF NORTH DAKOTA, July 25, 2007, Filed
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Overview: An inmate's application for post-conviction relief was denied under N.D. Cent. Code § 29-32.1-12 on the grounds of res judicata and misuse of process since certain ineffective assistance of counsel claims were already adjudicated in a prior petition; moreover, insufficiency of the evidence claims should have been raised before.
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| Wetch v. Z.C. (In Re J.C.), No. 20060341,
SUPREME COURT OF NORTH DAKOTA, July 25, 2007, Filed
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Overview: Juvenile court did not abuse its discretion in denying mother's motion for a continuance where indigents had no right to court-appointed counsel of their choice; juvenile court erred in treating proceeding as default and terminating mother's parental rights without support to meet the requirements under N.D. Cent. Code § 27-20-44(1)(b)(1) or (2).
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