State v. Azure

VandeWalle, Chief Justice.

[¶ 1] Duane Azure, Jr., appealed a criminal judgment entered after a jury found him guilty of aggravated assault. Azure argues the district court abused its discretion by allowing two prior statements of the State’s witness into evidence at trial. Because the district court abused its discretion in allowing the victim’s prior statement to Agent Kluth into evidence under North Dakota Rules of Evidence 801(d)(1)(B), we reverse and remand.

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[II2] On April 20, 2014, a deputy was sent to Duane Azure, Sr.’s residence after law enforcement received numerous calls from the…