State v. Moran, 2006 ND 62

Summary

The Supreme Court of North Dakota affirmed William J. Moran's DUI conviction. The court held that the defendant's speedy-trial rights were not violated because the delay was partly attributable to the State's negligence and substantially attributable to Moran's failure to appear and evasion of law enforcement. The court also held that the State's closing argument did not constitute obvious error or prejudice the defendant.

Holdings

1. Moran's speedy-trial rights were not violated because, after balancing the Barker factors, the delay did not warrant a presumption of prejudice and Moran failed to demonstrate actual prejudice to his defense.
2. The State did not commit reversible or obvious error by failing to restate the beyond-a-reasonable-doubt burden or by asking the jury to hold Moran responsible for his actions.

Questions Presented

1. Whether the delay between the filing of the criminal complaint and trial violated Moran's speedy-trial rights under the Sixth Amendment, article I, section 12 of the North Dakota Constitution, or N.D.R.Crim.P. 48(b).
2. Whether the State's closing-argument statements concerning the burden of proof and holding Moran responsible for his actions constituted obvious error requiring reversal.

Disposition

affirmed