Smith v. Martinez
2011 ND 132
| N.D. | 2011Background
- Aabrekke was convicted by a jury of gross sexual imposition arising from an August 16, 2009 incident with his thirteen-year-old granddaughter.
- The State sought to introduce evidence of prior sexual acts by Aabrekke with the complainant and by the complainant’s mother regarding prior abuse.
- The district court admitted some prior-bad-acts evidence without the required pretrial 404(b) notice and without completing the three-step admissibility analysis.
- The court did not provide a limiting instruction on the permissible use of the prior acts evidence.
- On appeal, the Supreme Court reversed and remanded for a new trial, faulting the district court for misapplying 404(b) and for not giving an appropriate limiting instruction.
- Dissent would have affirmed, viewing the district court’s evidentiary rulings as non-abusive.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 404(b) analysis was properly applied | State contends admissibility for plan/preparation justifies evidence | Aabrekke argues lack of proper 404(b) analysis and no limiting instruction | Abuse of discretion; remand for new trial |
| Whether the court should have balanced probative value against prejudice under 403 | State claims probative value outweighs prejudice | Evidence substantially prejudicial to Aabrekke | Not harmless; remand for new trial |
| Whether lack of limiting instruction affected the trial’s fairness | Jury could consider prior acts for propensity | Limiting instruction not provided for unrequested 404(b) evidence | Reversed for new trial; improper or absent limiting instruction |
Key Cases Cited
- State v. Paul, 2009 ND 120 (North Dakota) (three-step 404(b) analysis; limiting instruction context)
- Micko, 393 N.W.2d 741 (North Dakota) (prior bad acts require limiting instruction; potential harmless error if not requested)
- Schmeets, 2009 ND 163 (North Dakota) (warning of dangers of prior act evidence; need for careful analysis)
- Alvarado, 2008 ND 203 (North Dakota) (prior acts in context of same criminal activity; 404(b) not always applicable)
- Christensen, 1997 ND 57 (North Dakota) (prior acts to show preparation/grooming not always 404(b) error)
- Ramsey, 2005 ND 42 (North Dakota) (limits on consideration of prior bad acts; need for careful balancing)
- Gaede, 2007 ND 125 (North Dakota) (final 403 balancing and limiting instruction considerations)