State v. Nakvinda
807 N.W.2d 204
| N.D. | 2011Background
- Nakvinda was convicted by a jury of murder, robbery, burglary, and theft for Gattuso’s death and Porsche theft.
- Valerie Gattuso died in 2009; custody dispute over their child followed, with Gattuso resisting.
- On Oct. 26, 2009 Gattuso was found dead; a hammer and property including a Porsche were missing.
- State alleged Kirkpatrick hired Nakvinda to travel from Oklahoma to Fargo to kill Gattuso; Hampered by defense claim of merely talk and payment for handyman work.
- Surveillance and other evidence showed Nakvinda’s truck/trailer with a tarp-covered car near Gattuso’s home and at rest areas; Porsche recovered from a storage unit in Oklahoma.
- Nakvinda testified he was not in Fargo and offered alternate theories; the district court denied his Rule 33 motion for a new trial; verdicts affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of circumstantial evidence to place Nakvinda at the scene | State relied on circumstantial links to the scene | Nakvinda claims no direct presence at Gattuso’s home | Evidence supports guilt beyond reasonable doubt |
| Adequacy of circumstantial-evidence standard to sustain a verdict | Circumstantial evidence properly supports the convictions | Conflicting/inconsistent testimony undermines guilt | Court upheld verdict given probative circumstantial evidence |
Key Cases Cited
- State v. Kinsella, 2011 ND 88 (ND 2011) (limits on reweighing evidence; standard for sufficiency review)
- State v. Wanner, 2010 ND 121 (ND 2010) (jury credibility and weighing witnesses matters; defer to jury)
- Hochstetler v. Graber, 78 N.D. 90 (ND 1951) (standard for upholding verdict despite conflicting evidence)
- State v. Barendt, 2007 ND 164 (ND 2007) (jury credibility and weight of testimony; no cold transcript substitute)
- State v. Olmstead, 246 N.W.2d 888 (ND 1976) (observing witnesses affects assessment of truth; not a ‘thirteenth juror’)
- State v. Noorlun, 2005 ND 189 (ND 2005) (circumstantial evidence can support a conviction)
- State v. Kaloustian, 212 N.W.2d 843 (ND 1973) (conflicting inferences may support guilt)