State v. Freeman
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Tevin Dewayne Freeman was charged with the murder of Erica L. Herrera, a class AA felony, in October 2020. The case was brought to trial in November 2022. The prosecution's witnesses included the 911 dispatcher who received Freeman's emergency call, law enforcement officers who responded to the scene and investigated Herrera's death, the medical examiner who conducted Herrera's autopsy, and a mutual friend of Freeman and Herrera. The medical examiner testified that Herrera's injuries were inconsistent with self-inflicted or accident-related injuries and that she died from blunt force trauma. Freeman claimed that Herrera's injuries were from a fall. After the prosecution rested its case, Freeman moved for a judgment of acquittal, which the district court denied. The defense did not call any witnesses.
During the defense's closing argument, the prosecution objected to the defense counsel's use of "I believe" statements. This led to a sidebar conference, after which the court was informed that a juror needed a break. The court allowed a ten-minute recess. After the recess, Freeman moved for a mistrial, arguing that the break and the prosecution's objection during closing argument prejudiced him. The court denied Freeman's motion for a mistrial. The jury found Freeman guilty of murder, and judgment was entered in June 2023.
On appeal to the Supreme Court of North Dakota, Freeman argued that the district court abused its discretion in denying his motion for a mistrial. He claimed that the break during the defense's closing argument showed indifference to the defense's case and that no curative jury instruction could remedy the situation. The Supreme Court of North Dakota affirmed the district court's decision, stating that Freeman had not shown that allowing a short break in the defense's closing argument at the request of a juror to use the restroom was a manifest injustice or that the district court abused its discretion. Freeman also argued that the convictions were not supported by sufficient evidence regarding the culpability element of intentionally or knowingly. The Supreme Court of North Dakota found that sufficient evidence existed for a jury to draw a reasonable inference that Freeman intentionally or knowingly committed the charged offense.
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