Harris v. WSI
2012 ND 5
| N.D. | 2012Background
- Pena Garcia was charged with actual physical control of a vehicle under N.D.C.C. § 39-08-01, a class B misdemeanor.
- Arrest occurred in September 2010; case from Grand Forks County; jury trial held March 1, 2011.
- State witnesses Rakoczy and Inocencio testified Pena Garcia was found in a running vehicle, asleep with legs outside the vehicle; keys' location was uncertain.
- Pena Garcia's girlfriend testified she drove him home and had the vehicle keys in the apartment.
- State introduced evidence of a blood alcohol concentration of .198% within two hours of discovery.
- During closing, defense argued the State needed to prove key location; the State rebutted, asserting case law resolution; objection sustained, mistrial denied, jury instructed to follow court instructions; resulting in a guilty verdict.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Prosecutorial misconduct via reading case law | State argues no due process violation; comments were invited or cured. | Pena Garcia asserts improper case-law references tainted jury and violated due process. | No reversible error; curative jury instruction cured prejudice. |
Key Cases Cited
- State v. Duncan, 2011 ND 85 (ND 2011) (guides de novo review for due process claims)
- Kruckenberg v. State, 2008 ND 212 (ND 2008) (invited error and prejudicial analysis; improper comments need not warrant reversal)
- Vondal v. State, 2011 ND 186 (ND 2011) (misconduct must be prejudicial in context of trial)
- Paulson v. State, 477 N.W.2d 208 (ND 1991) (improper arguments generally not reversible absent prejudice)
- Azure v. State, 525 N.W.2d 654 (ND 1994) (jury presumed to follow court’s admonitions)
- Haugen v. State, 2007 ND 195 (ND 2007) (jury instructions fair, reviewed on appeal)
- Clark v. State, 2004 ND 85 (ND 2004) (proper preservation of objections to instructions)
- Rist v. North Dakota Dep’t of Transp., 2003 ND 113 (ND 2003) (key location not dispositive to APC offense)
- Obrigewitch v. Director, North Dakota Dep’t of Transp., 2002 ND 177 (ND 2002) (operability not dispositive to APC offense)