State v. Keener

Summary

The Supreme Court of North Dakota affirmed the criminal judgments and restitution order against Laurie Marie Keener and Asa Kim Keener. The court held that the record was inadequate to review their ineffective-assistance claims on direct appeal, admission of deposition testimony did not constitute obvious error, the defendants waived a preliminary hearing on the amended felony charge, and the restitution order was not an abuse of discretion.

Holdings

1. A defendant who did not object to joint representation must show an actual conflict of interest that adversely affected counsel's performance, but the record on direct appeal was inadequate to decide the Keeners' claims.
2. The admission of Florence Whisker's videotaped deposition was not obvious error affecting the Keeners' substantial rights.
3. The district court did not commit obvious error by admitting Marvin Whisker's deposition testimony; Laurie Keener's attorney's presence and cross-examination at the deposition and her prior opportunity to question him at the preliminary hearing were sufficient under the circumstances to defeat a showing of prejudicial error.
4. The Keeners waived their right to a preliminary hearing on the amended class B felony charge by pleading not guilty without objecting to the amended information or requesting a preliminary hearing.
5. The district court did not abuse its discretion by ordering Laurie Keener to pay $109,921.03 in restitution.

Questions Presented

1. Whether the record on direct appeal was sufficient to review the Keeners' ineffective-assistance claims based on alleged conflicts of interest from joint representation.
2. Whether the district court committed obvious error by admitting Florence Whisker's videotaped deposition testimony.
3. Whether admission of Marvin Whisker's deposition testimony violated Laurie Keener's confrontation rights or N.D.R.Crim.P. 15(f).
4. Whether the Keeners waived their right to a preliminary hearing on the amended class B felony charge.
5. Whether the district court abused its discretion by ordering Laurie Keener to pay $109,921.03 in restitution.

Disposition

affirmed