State v. Huether
790 N.W.2d 901
N.D.2010Background
- Huether was convicted by jury of gross sexual imposition and charged with possession of child pornography; relevant acts occurred in Minot (2006–2007) with the child living in Huether’s Minot home.
- Mother reported in June 2008 that the child said Huether orally sexed her on several occasions, in “Ray’s office” in Huether’s basement.
- Officer Goodman entered Huether’s Minot basement office without a warrant based on third-party consent, later learned Huether owned the house, and obtained a subsequent search warrant.
- Five weeks later, Fargo officers executed a search warrant at Huether’s Fargo rental, interviewing him in a main-floor bedroom without a Miranda warning.
- District court denied suppression of Minot office evidence and some Fargo statements; severed charges; jury convicted Huether of gross sexual imposition.
- Huether appeals challenging (a) constitutionality of the Minot office entry and evidence; (b) statements at the Fargo house; (c) sentencing factor; (d) sufficiency of evidence (no penetration).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Minot office entry violated the Fourth Amendment | Huether | Huether | No Fourth Amendment violation; valid third-party consent supported by officer’s reasonable belief |
| Whether statements at the Fargo house violated Miranda | Huether | Huether | No custodial interrogation; statements before officers’ presence outweighed by lack of custody and subsequent correction |
| Whether sentencing relied on an impermissible factor | Huether | Huether | Not error; parental-like trust factor permitted under Bell |
| Sufficiency of the evidence for gross sexual imposition without penetration | State | Huether | Sufficient; evidence of sexual contact as defined by statute and corroborative recordings and child testimony support conviction |
| Standard of review for suppression ruling | Huether | Huether | Abides by City of Fargo v. Thompson standard; competent evidence supports district court findings |
Key Cases Cited
- City of Fargo v. Thompson, 520 N.W.2d 578 (N.D.1994) (standard of review for suppression rulings; deference to trial court)
- State v. Byzewski, 778 N.W.2d 551 (N.D.2010) (evidence derived from illegal searches; fruit of poisonous tree)
- State v. Bell, 540 N.W.2d 599 (N.D.1995) (parental trust as sentencing consideration; nonexclusive factors)