Holkesvig v. State, 2013 ND 1

Chacano was convicted by a jury of two counts of attempted murder of Byers and Molbert; twelve jurors were acquitted on counts involving the jurors.
The crime occurred after the verdicts were read and jurors were dismissed; Chacano produced a handgun and a scuffle ensued, leading to his subdual by Byers and Molbert in the Adams County courthouse.
The State introduced an audio recording of the courtroom scuffle and evidence of a loaded handgun and three clips carrying thirty-eight rounds into the courthouse.
Chacano testified he did not intend to harm anyone and claimed he panicked, merely wanting to dispose of the weapon after bringing it to court.
The trial court admitted the recording with limiting instructions; the defense argued relevancy and 403 balance; the jury found guilt on Byers and Molbert and not guilty on jurors counts.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the audio recording was admissible.	Chacano's relevance and prejudice balance were improper; the State should be allowed to use it.	The recording was either not relevant or its probative value was outweighed by unfair prejudice.	Recording properly admitted; no obvious error.
Sufficiency of the evidence to convict of attempted murder of Byers and Molbert.	Evidence showed substantial steps and intent to kill Byers and Molbert.	Defense testimony suggested lack of intent and accidental possession.	Sufficient evidence supported convictions.
Prosecutor's closing argument amounting to prosecutorial misconduct.	The closing properly argued the evidence and inferences.	The statement Defendants testimony is a lie was improper and prejudicial.	Isolated improper comment did not amount to obvious error.

State v. Jaster, 690 N.W.2d 213 (ND 2004) (broad discretion in evidentiary decisions; abuse requires arbitrariness)
State v. Clark, 818 N.W.2d 739 (ND 2012) (obvious error standard; notice of error cautiously)
State v. Schmidkunz, 721 N.W.2d 387 (ND 2006) (prejudice vs. improper closing argument; standard for reversal)
State v. Schmeets, 772 N.W.2d 623 (ND 2009) (abuse of discretion; standard for evidentiary rulings)
State v. Randall, 639 N.W.2d 439 (ND 2002) (403 balancing; admissibility of relevant evidence)
Pena Garcia, 812 N.W.2d 328 (ND 2012) (jury instruction effect on closing argument weight)
Klose, 657 N.W.2d 276 (ND 2003) (admission of gruesome photographs; balancing probative value)
Fox v. Bellon, 136 N.W.2d 134 (ND 1965) (impropriety of arguing witness credibility in closing)
Kirkpatrick, 2012 ND 229 (ND 2012) (standard for appellate sufficiency review)