State v. Kirkpatrick
822 N.W.2d 851
N.D.2012Background
- Kirkpatrick was convicted by jury of conspiracy to murder and conspiracy to burglary in connection with Guttuso’s death.
- Guttuso was murdered on Oct 26, 2009; Nakvind[a] later convicted of murder related to the same incident.
- Kirkpatrick gave a statement to law enforcement in Oklahoma on Oct 31, 2009, which the State used at trial.
- The State introduced Kirkpatrick’s interview to show plans to murder Guttuso and burglarize the home; evidence included monetary transfers and a home videotape.
- The trial court granted the State’s request to modify jury instructions to reflect intentional murder; Kirkpatrick was denied an extreme emotional disturbance instruction; verdicts on both charges stood.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Kirkpatrick’s confession voluntary? | Kirkpatrick | Kirkpatrick contends involuntary. | Yes; confession voluntary. |
| Is there sufficient evidence of conspiracy to burglary? | Kirkpatrick argues no explicit agreement. | Kirkpatrick argues insufficient proof of burglary entry. | Sufficient evidence supported conspiracy to burglary. |
| Was the Sixth Amendment notice adequate regarding the conspiracy charge? | Kirkpatrick asserts defective information. | Kirkpatrick had advance notice to prepare defense. | Information provided adequate notice; no prejudice. |
Key Cases Cited
- State v. Smith, 2005 ND 21 (ND 2005) (deference to district court on suppression findings; standard of review)
- City of Fargo v. Thompson, 520 N.W.2d 578 (ND 1994) (standards for reviewing suppression orders)
- State v. Pickar, 453 N.W.2d 783 (ND 1990) (totality of circumstances in voluntariness of confessions)
- State v. Delaney, 1999 ND 189 (ND 1999) (standard for reviewing sufficiency of evidence; do not weigh credibility)
- State v. Gwyther, 1999 ND 15 (ND 1999) (conspiracy must include overt act; evidence may be implicit)
- State v. Bethke, 2009 ND 47 (ND 2009) (advance notice; information sufficiency for charging)
- Mata v. City of Wahpeton, 517 N.W.2d 626 (ND 1994) (informing standard for charging documents; plain language; not need exact phrasing)