North Dakota v. Legare
Annotate this CaseChad Legare appealed a criminal judgment entered after his guilty plea to attempted murder. Prior to his guilty plea, Legare moved for an order allowing him to present an affirmative defense of justification or excuse. The court denied the motion, stating it would not allow a special jury instruction regarding defense of others when no evidence or anticipated evidence showed there was imminent danger to the woman Legare argued he was defending. Legare pleaded guilty to attempted murder under an Alford plea. Legare argued to the North Dakota Supreme Court his Sixth Amendment right to present a defense was violated and the trial court erred by not allowing him to present his defense of justification or excuse. Legare requested the conviction be vacated and the order denying his motion in limine reversed. Finding no reversible error, the Supreme Court affirmed the district court’s order.
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