State v. Aabrekke
800 N.W.2d 284
| N.D. | 2011Background
- Aabrekke was charged with gross sexual imposition under N.D.C.C. § 12.1-20-03(1)(d) for an alleged act with his thirteen-year-old granddaughter on August 16, 2009.
- Pretrial, Aabrekke moved to exclude evidence of prior sexual acts with the complainant and related family members, arguing lack of proper 404(b) notice; the district court allowed admissibility for various non-propensity purposes.
- At trial, the State introduced evidence of prior acts to show planning, preparation, grooming, and continuing conduct; the complainant testified about using a device for the alleged act.
- The jury was not instructed on the limited purpose of prior bad act evidence, and the State’s case largely rested on credibility determinations.
- The district court denied post-trial motions; the appellate court held the 404(b) analysis and 403 balancing were not properly applied and a cautionary instruction was not provided, reversing and remanding for a new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether prior bad acts were admissible under 404(b) | Aabrekke | Aabrekke | Not properly analyzed; abuse of discretion |
| Whether the three-step 404(b) analysis and 403 balancing were applied | Aabrekke | Aabrekke | District court failed to apply three-step test and balance |
| Whether a cautionary instruction on limited use should have been given | Aabrekke | Aabrekke | Court abused discretion by not providing limiting instruction |
Key Cases Cited
- State v. Paul, 2009 ND 120 (ND 2009) (three-step 404(b) analysis and limiting instruction framework)
- State v. Alvarado, 2008 ND 203 (ND 2008) (prior acts as activity in furtherance of same crime; limits of 404(b))
- State v. Micko, 393 N.W.2d 741 (ND 1986) (limiting instruction and prejudice balancing guidance)
- State v. Gaede, 2007 ND 125 (ND 2007) (reaffirmation of 404(b) analysis and balancing; harm considerations)
- State v. Ramsey, 2005 ND 42 (ND 2005) (prejudice vs. probative value and instructional requirements)
- State v. Christensen, 1997 ND 57 (ND 1997) (prior acts may show preparation/grooming and are not always 404(b) evidence)