State v. Leavitt
2015 ND 146
| N.D. | 2015Background
- Heather Leavitt appeals after a jury found her guilty of attempted murder in Ward County, North Dakota.
- Timothy Leavitt was stabbed in his Minot home on Feb 1, 2014 and fled for safety; he could not identify the assailant, but described the attacker as pony-tailed and the same height as his wife.
- A knife matching a set owned by the couple, which Heather possessed, was identified as used in the attack.
- Evidence of the crime included bloody footprints, a black stocking hat, hair and pony-tail band found at the scene, and a description of Heather’s vehicle and residence.
- Law enforcement obtained warrants to search Leavitt’s person, home, vehicle, and later the cell phone; the cell-phone search was suppressed.
- The district court denied suppression for the searches of Heather’s person, home, and vehicle, and the jury convicted Leavitt.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the warrant had probable cause and a nexus to search Heather Leavitt’s property | Leavitt argues the affidavit lacked sufficient nexus and probable cause | Leavitt contends the affidavit connected her only by vague similarities | Probable cause and nexus supported the warrant |
| Whether Exhibit 15 photograph was admissible given alteration | State argues alteration was authentication-supported; original image admitted | Leavitt contends it was prejudicial and lacked foundation | Exhibit 15 admissible; district court did not abuse discretion |
| Whether the evidentiary ruling on the photograph violated rules of authentication | N/A | N/A | N/A |
Key Cases Cited
- State v. Duchene, 2001 ND 66 (2001) (probable cause required; nexus between place and evidence)
- State v. Roth, 2004 ND 23 (2004) (totality-of-the-circumstances test for probable cause)
- State v. Thieling, 2000 ND 106 (2000) (doubtful or marginal affidavits resolved in favor of magistrate)
- State v. Schmalz, 2008 ND 27 (2008) (probable cause nexus may be established via circumstantial evidence)
- State v. Damron, 1998 ND 71 (1998) (clothing as evidence may create nexus to offender's residence)
- State v. Lunde, 2008 ND 142 (2008) (independent review of affidavit sufficiency within four corners)
- State v. Doohen, 2006 ND 239 (2006) (general standard for affirming suppression rulings)
- State v. Streeper, 2007 ND 25 (2007) (photographic evidence admissibility widely within trial court discretion)
- State v. Nelson, 2005 ND 59 (2005) (need for reliable information to warrant search)
- United States v. Leon, 468 U.S. 897 (1984) (good faith exception to exclusionary rule)