Matter of Hehn
2011 ND 214
| N.D. | 2011Background
- Nakvinda was convicted by jury of murder, robbery, burglary, and theft in connection with Gattuso's death and loss of a Porsche Boxster.
- Gattuso died in Fargo on or about October 26, 2009; death by hammer and missing personal property were alleged.
- State contends Kirkpatrick hired Nakvinda to travel from Oklahoma to Fargo to kill Gattuso; surveillance tied Nakvinda to the crime scene route.
- Evidence included a bloodied hammer and Porsche Boxster found in a storage unit rented by Nakvinda in Oklahoma; surveillance shows Nakvinda's truck/trailer near Gattuso's home and at a rest area.
- Nakvinda testified he never went to Fargo and proposed an alternative timeline involving Wahpeton; he claimed others loaded his trailer with Kirkpatrick's vehicle.
- District court denied a post-trial motion for a new trial; court sentenced Nakvinda to life imprisonment for murder and concurrent terms for robbery, burglary, and theft; Nakvinda appealed, and the Supreme Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is there sufficient evidence to sustain the verdict on circumstantial grounds? | State asserts ample circumstantial evidence links Nakvinda to the crimes. | Nakvinda contends no witness or direct evidence placed him at the Fargo scene. | Yes; circumstantial evidence supports guilt beyond reasonable doubt. |
| Must the State prove Nakvinda's presence at the crime scene to convict on those counts? | State argues presence can be inferred from circumstantial evidence. | Nakvinda claims physical presence at Gattuso's home is required. | Presence may be inferred from circumstantial evidence; not required to have direct proof. |
| Is the verdict supported by the trial record given conflicting testimony and time-theory discrepancies? | State emphasizes consistency of circumstantial timeline and corroborating evidence. | Nakvinda points to inconsistencies and alternative timelines from witnesses. | Yes; reasonable inferences from the record justify the guilty verdict. |
Key Cases Cited
- State v. Noorlun, 2005 ND 189 (2005) (circumstantial evidence suffices for guilt beyond reasonable doubt)
- State v. Kinsella, 2011 ND 88 (2011) (standard for reviewing sufficiency of evidence; no reweighing credibility)
- State v. Wanner, 2010 ND 121 (2010) (instruction on circumstantial evidence and credibility of witnesses)
- Hochstetler v. Graber, 78 N.D. 90 (1951) (juror credibility not to be supplanted by appellate court)
- State v. Bertram, 2006 ND 10 (2006) (circumstantial evidence carries presumption of correctness)