State v . Isaak , 2023 ND 44 . Filed 3 / 16 / 23 .
Isaak appealed his conviction for multiple counts of murder . His attorney filed the appellant ’ s brief , however , Isaak died before the state could respond . The state argued Isaak ’ s death rendered the appeal moot and the criminal judgment against him should stand . Isaak ’ s attorney argued because the appeal was not yet final , either the criminal judgment should be vacated and the charges dismissed or the appeal should be permitted to continue despite his death .
The Court noted other states have struggled with balancing a deceased defendant ’ s right to appeal against the interests of crime victims . The Court found , although the criminal defendant may have enjoyed a statutory right to appeal before his death , those statutory rights cannot prevail against the constitutional rights of the victims . The Court declined to adopt a rule that would result in the automatic abatement of the criminal prosecution as a result of a deceased appellant .
When deciding the question of mootness , the Court ’ s decision was ultimately made based on several factual findings : The district court did not order restitution or fees . Isaak ’ s personal representative did not request to be substituted in as a party to the appeal . The Court was not aware of any wrongful death suits or claims against Isaak ’ s estate . The victim ’ s families did not assert a constitutional right to have the appeal proceed to disposition on the merits . Isaak was no longer alive to serve his sentence if he lost the appeal and the Court could not provide him with a new trial if he were successful .
As a result , the Court determined the appeal was moot and dismissed the appeal , allowing the criminal judgment to stand . The
Court noted in a future case , there may be circumstances requiring the Court to decide the merits of an appeal after a criminal defendant ’ s death .
State v . Watts , 2023 ND 47 . Filed 3 / 16 / 23 .
The defendant was charged and found guilty of indecent exposure for exposing himself to a detention officer . One of the elements of indecent exposure is whether the defendant performed sexual acts in a public place . In Watts , the issue was whether an inmate ’ s jail cell constituted a public place . On cross-examination , the defense attorney asked the detention officer whether the officer considered the cell a public place . The officer testified he did not . The state then objected on the basis the officer ’ s opinion was going to the ultimate issue . The court sustained the objection .
On appeal , the Court held that testimony about an ultimate issue is not prohibited if offered by a person qualified to express an opinion . As the state did not object that the detention officer was not qualified to provide opinion testimony , the Court held the district court erred in sustaining the objection that the officer could not provide an opinion on the ultimate issue . The Court then considered whether the defendant was prejudiced by the error . The Court held the defendant was not prejudiced because , although the objection was sustained , the district court did not strike the officer ’ s response and did not instruct the jury to disregard the answer by the officer . As such , although the district court sustained the objection that the officer could not opine on the ultimate issue of whether the cell was a public place , the Court held the officer ’ s testimony was still available for the jury ’ s consideration and therefor no harm existed which prejudiced the defendant .
A T T E N T I O N
SUBJECT
PHOTOGRAPHERS AND ARTISTS
The Gavel would like to consider your photograph and artwork for its cover .
MATTER
• Color photographs of North Dakota landscapes ; building interiors and exteriors ( including the State Capitol Building ); landmarks ; and animals ( people can appear only as incidentals and must not be identifiable )
TECHNICAL REQUIREMENTS
• Vibrant color , sharp focus , high contrast
• Digital photos preferred
• Use the highest quality image setting on your smartphone or digital camera .
• Portrait orientation ( vertical ) is preferred .
• Photos must be at least 8x10 inches at 300 dpi for full photo cover .
• Send the original JPG (. jpg ) file . Please do not resize or change resolution .
ELIGIBILITY REQUIREMENTS
• SBAND members , active and retired only ( does not include relatives of SBAND members )
• Law-related administrative staff
• North Dakota law students
SUBMISSION INFORMATION
• Email your photos to : tony @ sband . org .
• Identify the photographer ; include legal affiliation .
• Include a brief description of the photograph and a working photograph title ; note where and when the photo was taken .
SPRING 2023 19