Koon v. State

Citations

• 2023 ND 247

Syllabus

A district court judgment denying an application for postconviction relief is affirmed. The district court did not err by considering evidence outside the record when it followed the procedure of Rule 201, N.D.R.Ev., providing notice to the parties of its intent to judicially notice the clerk's trial notes before declining to take judicial notice of the clerk's notes. The district court's mere exposure to inadmissible evidence is not error because we presume the court considers only admissible evidence. We have consistently acknowledged a judge is capable of distinguishing between admissible and inadmissible evidence when deliberating the ultimate question.