State v. Peters

Citations

• 981 N.W.2d 874
• 2022 ND 196

Syllabus

A trial court violates a criminal defendant's speedy trial right only when four factors, in sum, weigh against the state: the length of the delay, reasons for the delay, proper assertion of the right, and actual prejudice to the accused. Rule 403 gives a trial court discretion to exclude probative evidence, and this Court will reverse a district court's decision to admit or exclude evidence only for abuse of discretion. When a party fails to move for a curative instruction, this Court reviews only for obvious error, if and only in rare circumstances when the defendant has suffered a serious injustice.