State v. Smith

Citations

• 989 N.W.2d 490
• 2023 ND 82

Syllabus

When a party asserts prosecutorial misconduct for the first time on appeal, this Court may review for obvious error. Questioning by the State regarding relevant evidence in the case may not amount to a prosecutor stating his personal belief on a defendant's claim of self-defense nor prosecutorial misconduct. Questioning by the State will not warrant reversal when such questions were invited by the defense. Questions regarding potential weaknesses of a defendant's case does not amount to burden shifting, particularly when the jury is reminded numerous times throughout trial that the burden is on the State. Non-public exchanges, such as brief sidebars or bench conferences, between counsel and the court on routine evidentiary issues, technical legal issues, and administrative issues are not public trial violations. The district court does not abuse its discretion by allowing expert testimony when it found the testimony was relevant, not overly cumulative, and properly noticed.