State of North Dakota v. Delon Evan Davis

Summary

The North Dakota Supreme Court affirmed Delon Evan Davis's convictions for murder, tampering with evidence, unlawful possession of a firearm, and giving false information to law enforcement. The court declined to review Davis's challenge to the amendment of the criminal information because he failed to preserve the issue and did not brief obvious error. The court held that admitting limited evidence of Davis's prior felony conviction and probation termination did not constitute an abuse of discretion or obvious error.

Holdings

1. The Court declined to review Davis's challenge to the amendment of Count 3 because he did not object to the amendment and did not brief the issue under the obvious-error standard.
2. The district court did not abuse its discretion or commit obvious error by admitting limited evidence of Davis's prior felony conviction and the date his probation supervision terminated, because the evidence was relevant and necessary to prove elements of the charged firearm-possession offense.

Questions Presented

1. Whether the Supreme Court should review Davis's unpreserved challenge to the amendment of Count 3 under the obvious-error standard when Davis did not brief the issue under that standard.
2. Whether the district court committed obvious error or abused its discretion by admitting evidence of Davis's prior felony conviction and probation-termination date to prove the elements of unlawful possession of a firearm by a felon.

Disposition

affirmed