Legal Opinion

State v. Messner

North Dakota Supreme Court

Decided August 18, 1998No. Criminal 980040PublishedCited by 24 opinions

1Opinion of the Court

MESCHKE, Justice.

[¶ 1] Kevin Messner appealed a criminal judgment on jury verdicts finding him guilty of two counts of gross sexual imposition. We hold the trial court did not breach the Confrontation Clause nor abuse its discretion in admitting statements by a five-year-old victim to an interviewer and in allowing related evidence. We affirm.

I

[¶ 2] On May 3, 1996, the mother of five-year-old A.M. contacted the sheriff of Nelson County to report her suspicions A.M. had been sexually abused. On several occasions, she had witnessed eight-year-old J.M. behaving inappropriately with little girls…

2Cases cited21 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. California v. GreenSupreme Court of the United States · 1970
  3. Idaho v. WrightSupreme Court of the United States · 1990
  4. Delaware v. FenstererSupreme Court of the United States · 1985
  5. United States v. OwensSupreme Court of the United States · 1988

16 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. State v. BlueNorth Dakota Supreme Court · 2006
  2. State v. RamseyNorth Dakota Supreme Court · 2005
  3. City of Fargo v. EricksonNorth Dakota Supreme Court · 1999
  4. State v. BallSouth Dakota Supreme Court · 2004
  5. State v. BurkeNorth Dakota Supreme Court · 2000

19 more not listed; retrieve them via the Exa API.

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