State v. Driver
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The Supreme Court of North Dakota affirmed the decision of the District Court of Ramsey County in a case involving a man, James Driver, who was charged with fleeing or attempting to elude a peace officer, reckless endangerment, and driving under suspension or revocation. Driver appealed his conviction, arguing that there was insufficient evidence to prove he was the operator of the vehicle involved in the chase and that the vehicle was driven in a way that showed extreme indifference to human life. He also argued that the State had presented irrelevant evidence and made an improper opening statement about dismissed theft and trespassing charges, thus prejudicing his case.
The Supreme Court disagreed, indicating that the district court did not err in denying Driver's motion for a new trial or his motion for judgment of acquittal. The court ruled that the district court had not abused its discretion in these decisions, and that there was substantial evidence to support Driver's convictions. In terms of the opening statement and the presentation of evidence, the court found that the State's actions were proper at the time and that any comments made about the dismissed charges were reasonable given the circumstances. The court also noted that the jury had been instructed to disregard any statements made by counsel that were not supported by evidence. As a result, the court affirmed the district court's decision, upholding Driver's conviction.
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