914 N.W.2d 527
N.D.2018Background
- On June 22–23, 2015 two men (Clarence Flowers and Samuel Traut) were killed; Ashley Hunter was arrested near the Traut scene on an unrelated bench warrant and taken to the police station.
- Detectives Matthew Ysteboe and Nick Kjonaas interviewed Hunter at the station; Hunter made incriminating statements about both murders and later attempted suicide; he was hospitalized and spoke with ER nurse Andrea Wallace.
- Hunter was charged with two counts of murder and one count of arson; he moved to suppress his custodial statements and statements to medical staff and sought a change of judge.
- The district court denied suppression, finding Kjonaas gave Miranda warnings before interrogation, Hunter knowingly and voluntarily waived rights, and Wallace’s testimony did not implicate physician-patient privilege.
- The court excluded Hunter’s proposed false-confession expert and denied his demand for change of judge as procedurally deficient and insufficient to show bias.
- A jury convicted Hunter; the appellate court affirmed the district court on all challenged rulings.
Issues
| Issue | Hunter's Argument | State's Argument | Held |
|---|---|---|---|
| Whether Hunter was given Miranda warnings before custodial interrogation | Kjonaas did not issue warnings at arrest scene; squad-car video and roster show no warning | Testimony and timeline show Kjonaas warned Hunter after arrest and before interview | Court: sufficient evidence supports finding Miranda was given; affirmed |
| Whether Miranda had to be re‑administered at start of station interrogation | A fresh warning at interrogation outset was required to ensure waiver was knowing | No per se rule; totality of circumstances controls; 45-minute gap and same interrogator acceptable | Court: re‑administration not required under facts; affirmed |
| Whether Hunter knowingly and voluntarily waived Miranda rights | Hunter was fatigued, possibly drug‑impaired, requested medical attention; statements involuntary | Hunter was coherent, understood rights, initiated contact, officers respectful; totality supports voluntariness | Court: waiver and voluntariness proven by preponderance; affirmed |
| Whether statements to ER nurse Wallace were protected by physician‑patient privilege | Wallace disclosed privileged communications in violation of rule 503 and HIPAA; admission should be suppressed | Nurse’s testimony described spontaneous statement not made for diagnosis/treatment so privilege inapplicable | Court: statement not for diagnosis/treatment; privilege not implicated; admission proper |
| Whether judge should have recused for bias | Hunter alleged judge had "preconceived notions" and adverse rulings showed bias | Demand was untimely or inadequately pled; adverse rulings alone do not prove bias | Court: demand deficient and allegations insufficient; denial proper |
Key Cases Cited
- Miranda v. Arizona, 384 U.S. 436 (establishes custodial‑interrogation warnings and waiver framework)
- Wyrick v. Fields, 459 U.S. 42 (no per se rule requiring re‑advisement after lapse; totality of circumstances governs waiver)
- Moran v. Burbine, 475 U.S. 412 (police not required to supply all information bearing on decision to waive rights)
- Colorado v. Spring, 479 U.S. 564 (awareness of interrogation subject matter not required for a knowing waiver)
- State v. Rogers, 848 N.W.2d 257 (N.D. 2014) (standard of review and custodial‑interrogation principles)
- State v. Goebel, 725 N.W.2d 578 (N.D. 2007) (voluntariness test and deference to district court findings)
- State v. Newnam, 409 N.W.2d 79 (N.D. 1987) (totality of circumstances for waiver and voluntariness)