State v. Spillum

6 Citing cases

  1. State v. Dahl

    2022 N.D. 212 (N.D. 2022)   Cited 11 times

    [¶9] This Court has concluded that if a motion for judgment of acquittal was made at trial on specified grounds and those grounds did not include the claim on appeal, the defendant does not preserve that issue for review. State v. Spillum, 2021 ND 25, ¶ 9, 954 N.W.2d 673; State v. Helm, 2020 ND 155, ¶ 7, 946 N.W.2d 503. In Spillum, the defendant moved for judgment of acquittal at trial, arguing there was insufficient evidence to establish he possessed certain prohibited materials.

  2. State v. Fleck

    2022 N.D. 49 (N.D. 2022)   Cited 1 times

    State v. Johnson, 2021 ND 161, ¶ 7, 964 N.W.2d 500 (quoting State v. Spillum, 2021 ND 25, ¶ 6, 954 N.W.2d 673).

  3. State v. Adams

    2024 N.D. 139 (N.D. 2024)

    If a motion for judgment of acquittal was made at trial on specified grounds and those grounds did not include the claim on appeal, the defendant does not preserve that issue for review. See State v. Spillum, 2021 ND 25, ¶ 9, 954 N.W.2d 673. However, it does not foreclose the exercise of our discretion to review forfeited errors under the obvious error standard as provided by N.D.R.Crim.P. 52(b).

  4. State v. Studhorse

    2024 N.D. 110 (N.D. 2024)   Cited 7 times

    [¶28] "This Court has concluded that if a motion for judgment of acquittal was made at trial on specified grounds and those grounds did not include the claim on appeal, the defendant does not preserve that issue for review." Dahl, 2022 ND 212, ¶ 9 (citing State v. Spillum, 2021 ND 25, ¶ 9, 954 N.W.2d 673; State v. Helm, 2020 ND 155, ¶ 7, 946 N.W.2d 503). But we may exercise our discretion to review for obvious error to ensure the integrity of judicial proceedings.

  5. State v. Haney

    2023 N.D. 227 (N.D. 2023)   Cited 2 times

    [¶8] Circumstantial evidence alone may justify a conviction when "the circumstantial evidence has such probative force as to enable the trier of fact to find the defendant guilty beyond a reasonable doubt." State v. Fleck, 2022 ND 49, ¶ 9, 971 N.W.2d 387 (quoting State v. Spillum, 2021 ND 25, ¶ 6, 954 N.W.2d 673). "A verdict based on circumstantial evidence carries the same presumption of correctness as other verdicts."

  6. State v. Johnson

    2021 N.D. 161 (N.D. 2021)   Cited 5 times

    light most favorable to the prosecution and giving the prosecution the benefit of all inferences reasonably to be drawn in its favor. State v. Spillum, 2021 ND 25, ¶ 6, 954 N.W.2d 673 (quoting State v. Kenny, 2019 ND 218, ¶ 20, 932 N.W.2d 516). B