Opinion
No. 20010255.
Filed June 4, 2002.
Appeal from the District Court of Morton County, South Central Judicial District, the Honorable DONALD L. JORGENSEN, Judge.
AFFIRMED.
Ladd R. Erickson, Assistant State's Attorney, 210 2nd Avenue Northwest, Mandan, N.D. 58554, for plaintiff and appellee.
Paul Henry Myerchin, P.O. Box 995, Bismarck, N.D. 58502-0995, for defendant and appellant.
Chad R. McCabe, Vinje Law Firm, 523 North 4th Street, Bismarck, N.D. 58501-4055, for amicus curiae National Association of Criminal Defense Lawyers.
NOTE: SUMMARY OPINION, SEE NORTH DAKOTA RULES OF APPELLATE PROCEDURE, RULE 35.1.
[¶ 1] Jonathan Ray Moore appealed from a criminal judgment entered on jury verdicts finding him guilty of theft of property, fleeing or attempting to elude a police officer, and reckless driving. We conclude the trial court did not abuse its discretion in ordering a joint trial of Moore and his brother or in admitting in evidence photographs of his fingerprints. Moore's unsuccessful motion in limine to exclude fingerprint evidence under the standards articulated in Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993) and Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999), was untimely, and by failing to object to admission of the evidence at trial, Moore failed to preserve the issue for appellate review. See State v. Entzi, 2000 ND 148, ¶¶ 16, 20, 615 N.W.2d 145. We affirm the judgment under N.D.R.App.P. 35.1(a)(4).
[¶ 2] GERALD W. VANDEWALLE, C.J., DALE V. SANDSTROM, WILLIAM A. NEUMANN, MARY MUEHLEN MARING, CAROL RONNING KAPSNER.