State v. Wilder, 909 N.W.2d 684

Background

In Nov. 2015 Angila Wilder was stabbed to death; Richie Wilder was charged with murder, convicted by jury, and sentenced to life without parole.
The original judgment also ordered Wilder to have no contact with his two children for life; Wilder moved to correct sentence.
The district court amended the no-contact provision to prohibit contact only until the children turn 18, concluding it had statutory and inherent authority and invoking victim-protection provisions of the state constitution.
On appeal Wilder argued (1) the prosecutor’s closing/rebuttal remarks violated his Fifth Amendment right to remain silent by commenting on his post‑Miranda, post‑arrest silence, and (2) the no-contact order as part of an executed prison sentence was an illegal sentence because no statute authorizes such a condition.
The Supreme Court of North Dakota affirmed the conviction, finding the prosecutor’s improper comments harmless beyond a reasonable doubt, but held the no-contact order during imprisonment was an illegal sentence because sentencing statutes do not authorize no-contact conditions for executed prison terms and the constitutional victims’‑rights provision was not invoked by any victim or representative.

Issues

Issue	Wilder's Argument	State's Argument	Held
Whether prosecutor’s closing/rebuttal comments improperly used Wilder’s post‑arrest silence in violation of the Fifth Amendment	Prosecutor’s comments invited the jury to infer guilt from Wilder’s failure to tell police about alternative suspect after being Mirandized	Comments were part of argument about inconsistent statements and credibility; not outcome-determinative	Comments were improper (addressed post‑Miranda silence) but harmless beyond a reasonable doubt given strong evidence of guilt
Whether a sentencing court may order no contact with victim’s family as part of an executed prison sentence	No — sentencing statutes do not authorize no‑contact conditions for an executed prison term; doing so is an illegal sentence	District court has statutory and inherent authority and victims’‑rights constitutional provisions support protecting child victims	No — sentencing statutes must authorize such additions; no‑contact order for duration of imprisonment is illegal absent statutory authorization
Whether N.D. Const. art. I, § 25 (victim’s rights) authorized the court to impose no contact sua sponte	Art. I, § 25 protects victims and allows enforcement, but rights must be asserted by victim/representative	Court relied on art. I, § 25 to justify protective order for children	Art. I, § 25 not available here because no request was made by victim/representative; court will not decide scope of § 25 beyond that point
Remedy for illegal no‑contact sentencing provision	Vacatur or modification of the no‑contact term as part of sentence	Sentence should stand as amended (until children turn 18)	Reverse the no‑contact portion of judgment and remand for correction consistent with opinion

Key Cases Cited

Miranda v. Arizona, 384 U.S. 436 (Miranda warnings carry implicit assurance silence will carry no penalty)
Doyle v. Ohio, 426 U.S. 610 (post‑Miranda silence may not be used to impeach defendant)
State v. Anderson, 875 N.W.2d 496 (N.D. 2016) (using post‑arrest silence for impeachment violates due process; harmless‑error framework)
State v. Ebach, 589 N.W.2d 566 (N.D. 1999) (comments on defendant’s silence violate rights)
Hassine v. Zimmerman, 160 F.3d 941 (3d Cir. 1998) (prosecutor improperly questioned defendant’s post‑arrest silence)
United States v. Boyd, 620 F.2d 129 (6th Cir. 1980) (improper to use defendant’s failure to tell police as evidence of guilt)
Laux v. State, 821 N.E.2d 816 (Ind. 2005) (court may not impose no‑contact order as part of executed life sentence absent statutory authorization)
State v. Post, 112 P.3d 116 (Kan. 2005) (no‑contact order during executed sentence is illegal when statutes limit conditions to probation/community corrections)
State v. Pugh, 753 N.W.2d 308 (Minn. Ct. App. 2008) (same conclusion regarding no‑contact orders and executed sentences)