State v. Curtiss, 20110062

Decision Date15 September 2011
Docket NumberNo. 20110062,20110062
Citation2011 ND 175
PartiesState of North Dakota, Plaintiff and Appellee v. Spencer Curtiss, Defendant and Appellant
CourtNorth Dakota Supreme Court

This opinion is subject to petition for rehearing.

Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable David E. Reich, Judge.

AFFIRMED.

Per Curiam.

Pamela A. Nesvig (on brief), Assistant State's Attorney, and Katherine M. Naumann (on brief), third-year law student, appearing under the Rule on the Limited Practice of Law by Law Students, Courthouse, for plaintiff and appellee.

Kent M. Morrow (on brief), for defendant and appellant.

Per Curiam.

[¶1] Spencer Curtiss appeals the district court's criminal judgment entered after a jury convicted him of gross sexual imposition. Curtiss argues the district court erred by admitting a video of Curtiss smoking marijuana, admitting testimony about Curtiss channeling a younger personality while he engaged in sexual acts with the victim and excluding evidence of the victim's sexual history. We affirm under N.D.R.App.P. 35.1(a)(4), concluding the district court did not abuse its discretion by making the evidentiary rulings.

[¶2]

Gerald W. VandeWalle, C.J.

Daniel J. Crothers

Mary Muehlen Maring

Carol Ronning Kapsner

Dale V. Sandstrom

To continue reading

Request your trial
3 cases
  • Curtiss v. State
    • United States
    • North Dakota Supreme Court
    • December 17, 2020
    ...under the Uniform Postconviction Procedure Act, moved for relief under N.D.R.Civ.P. 60, and moved to amend his probation. State v. Curtiss , 2011 ND 175, 803 N.W.2d 834 ; Curtiss v. State , 2015 ND 83, 865 N.W.2d 124 ; Curtiss v. State , 2015 ND 159, 870 N.W.2d 26 ; Curtiss v. State , 2016 ......
  • Curtiss v. State
    • United States
    • North Dakota Supreme Court
    • March 15, 2016
    ...found Curtiss guilty. Curtiss appealed, arguing the evidence was insufficient to support his conviction. We affirmed in State v. Curtiss, 2011 ND 175, 803 N.W.2d 834.[¶ 3] On September 17, 2012, Curtiss filed an application for post-conviction relief. The State filed a brief in opposition t......
  • Curtiss v. State, 20140365.
    • United States
    • North Dakota Supreme Court
    • April 15, 2015
    ...December 2010, a jury convicted Curtiss of gross sexual imposition, and we summarily affirmed his conviction on appeal. State v. Curtiss, 2011 ND 175, 803 N.W.2d 834. In September 2012, Curtiss filed his first application for post-conviction relief, and the district court subsequently held ......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT