Gaddie v. State
Citations
- 2024 ND 170
Syllabus
To establish prosecutorial misconduct, an applicant for postconviction relief must show (1) the prosecutor's actions constitute misconduct, and (2) the misconduct had a prejudicial effect. North Dakota Rule of Evidence 404(b) requires exclusion of evidence of other acts and crimes committed by the defendant when they are independent of the charged crime and do not fit into the rule's exceptions. Rule 404(b) requires prosecutors to give written notice and explanation if they intend to offer prior bad act evidence. Knowing introduction of prior bad act evidence coupled with a failure to comply with the Rule 404(b) notice requirement constitutes prosecutorial misconduct. Admission of evidence of prior sexual misconduct during a criminal prosecution for a sex-related crime creates unique potential for prejudice.
Judges: Crothers, Daniel John
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25 cases in this archive are cited by this case; the 20 most cited are listed.
- State v. MiltonSupreme Court of Minnesota· 2012-09-19· cited 139×
- State v. OrtizSupreme Court of Connecticut· 1991-03-05· cited 91×
- State v. ChristensenNorth Dakota Supreme Court· 1997-04-01· cited 46×
- State v. KruckenbergNorth Dakota Supreme Court· 2008-11-24· cited 37×
- State v. OsierNorth Dakota Supreme Court· 1997-09-08· cited 34×
- Thomas Glynn Flynt v. State of MississippiMississippi Supreme Court· 2015-10-22· cited 30×
- State v. AabrekkeNorth Dakota Supreme Court· 2011-07-13· cited 26×
- Disciplinary Board of the Supreme Court of the State of North Dakota v. FelandNorth Dakota Supreme Court· 2012-08-20· cited 24×
- State v. SchmeetsNorth Dakota Supreme Court· 2009-09-16· cited 22×
- United States v. James E. DoyleNinth Circuit· 1986-04-15· cited 21×
- Brewer v. StateNorth Dakota Supreme Court· 2019-03-13· cited 20×
- State v. Pena GarciaNorth Dakota Supreme Court· 2012-01-12· cited 20×
- State v. DuncanNorth Dakota Supreme Court· 2011-05-11· cited 19×
- State v. ForslandNorth Dakota Supreme Court· 1982-11-24· cited 19×
- Morris v. StateNorth Dakota Supreme Court· 2019-06-27· cited 14×
- State v. ShawNorth Dakota Supreme Court· 2016-08-31· cited 12×
- Britton v. StateWyoming Supreme Court· 2009-07-15· cited 11×
- State v. FosterNorth Dakota Supreme Court· 2020-05-07· cited 10×
- State v. LymanNorth Dakota Supreme Court· 2022-08-18· cited 7×
- State v. JasmannNorth Dakota Supreme Court· 2015-04-28· cited 6×
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