Interest of Vondal
2011 ND 59
| N.D. | 2011Background
- This case involves Sierra Christian appealing three criminal judgments after a jury found her guilty of child endangerment, possession of a controlled substance, and possession of drug paraphernalia.
- The home where items were found was owned by Darell Schrum, with S.S. (a minor) living there and Christian having a romantic relationship with Schrum.
- In 2009 police obtained a search warrant and found paraphernalia and two pen barrels positive for cocaine during the search of Schrum’s home.
- States’ witnesses included Deputy Estes, Chief Frannea, Schrum (who invoked the Fifth Amendment), and a forensic scientist, with paraphernalia and cocaine linked to the residence.
- Christian moved for acquittal at trial; the district court denied the motion and the jury returned guilty verdicts on all three charges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for child endangerment | Christian argues the State failed to prove exposure to cocaine/paraphernalia | Christian contends no reasonable inference of exposure existed | Evidence supports inference of knowledge/exposure; sufficient for conviction |
| Sufficiency of evidence for possession of a controlled substance | Cocaine found in residence; constructive possession shown | Christian lacked direct proof of possession of cocaine | Circumstantial evidence: cocaine in bedroom justifies constructive possession verdict |
| Sufficiency of evidence for possession of drug paraphernalia | Paraphernalia and cocaine present; defendant had dominion | Intent to use not proven beyond reasonable doubt | Circumstantial evidence supports possession of paraphernalia |
| Jury instruction on cocaine residue | Instruction improperly equates residue with possession | Instruction correctly stated law under §19-03.1-23(7) | Instruction fair and adequate under controlling statute |
Key Cases Cited
- State v. Dahl, 2010 ND 108 (2010) (circumstantial evidence allowed conviction when probative and reasonable)
- State v. Noorlun, 2005 ND 189 (2005) (circumstantial evidence sufficiency standard)
- State v. Demarais, 2009 ND 143 (2009) (constructive possession shown by totality of circumstances)
- State v. Morris, 331 N.W.2d 48 (ND 1983) (constructive possession via dominion and control)
- State v. Wanner, 2010 ND 121 (2010) (standard for reviewing sufficiency of evidence)