State v. Falconer
| Citation | 732 N.W.2d 703,2007 ND 89 |
| Decision Date | 07 June 2007 |
| Docket Number | No. 20060210.,20060210. |
| Parties | STATE of North Dakota, Plaintiff and Appellee v. William FALCONER, Defendant and Appellant. |
| Court | United States State Supreme Court of North Dakota |
Tyrone Jay Turner, Assistant State's Attorney, Bismarck, N.D., for plaintiff and appellee.
Kent M. Morrow, Bismarck, N.D., for defendant and appellant.
[¶ 1] William Falconer appeals from a criminal judgment entered after a jury found him guilty of possession of methamphetamine with intent to manufacture, possession of drug paraphernalia for use with methamphetamine, possession of methamphetamine, and aggravated assault. We affirm in part, reverse in part, and remand.
[¶ 2] On April 20, 2005, Bismarck Police Officer Darrin Heinert was dispatched to a convenience store where he found Bridget Niska, who appeared to be the victim of an assault. Niska was being treated by medical personnel, and Officer Heinert observed she was covered in blood, had a bruised and swollen eye, and was visibly upset. Niska told Officer Heinert Falconer assaulted her in her apartment.
[¶ 3] Once Niska was transported to the hospital, Officer Heinert and a second police officer went to Niska's apartment. The officers entered and performed an initial sweep of the apartment. No one was in the apartment, but the officers found evidence of the assault and items appearing to be illegal drug paraphernalia and other contraband. The officers believed they had found the crime scene and notified a supervisor, who requested detectives be dispatched to the location.
[¶ 4] Detective Cody Trom responded, after briefly interviewing Niska at the hospital. Detective Trom obtained Niska's consent to search the apartment, but he was advised that Falconer also lived in the apartment and may be the only tenant listed on the lease. Based on this information, the officers sought and obtained a search warrant after they were unable to locate Falconer to get his consent to search the apartment.
[¶ 5] While Detective Trom was obtaining the search warrant, Detectives Roger Marks and Jason Stuglemeyer continued interviewing Niska at the hospital. The detectives observed Niska had heavy bruising on her eyes, a cut on her left eyelid, red marks and scratches on her throat, and scratches on her arms and legs. Niska told the detectives she had been using methamphetamine with Falconer during the early morning hours of April 20, 2005. She said she went into the bathroom and locked the door around 9:00 a.m. and Falconer kicked in the bathroom door surprising her. She stated Falconer was very upset, she was not able to calm him down, and he hit her in the face ten times before leaving the room. Niska told the detectives she went into the living room and Falconer followed her carrying a two and a half foot metal rod from a halogen lamp. She said they started arguing and Falconer removed her glasses because he did not want to break them. She told the detectives she tried to get clothes on to leave, but Falconer began choking her with the metal rod. She said she was able to get away from Falconer, grab the rod, and hit him on the head causing a laceration which bled profusely. Niska told the detectives she was afraid and tried to leave, but Falconer attacked her again, knocked her down, and choked her four or five times almost to the point of unconsciousness. She said she was eventually able to get away and run to a nearby convenience store, but she was afraid he would kill her for reporting the incident to the police. The detectives also questioned her about the drug paraphernalia in her apartment, and she said it belonged to Falconer. Detectives Marks and Stuglemeyer finished the interview and went to Niska's apartment to assist with executing the search warrant.
[¶ 6] While executing the search warrant, officers found a metal rod and blood splattered in the area Niska claimed the assault occurred, and they found the bathroom door's latch was damaged and parts of the door jamb were shattered. The officers also found evidence of methamphetamine manufacturing and the use of controlled substances, including spoons with crusted white residue, empty pseudoephedrine blister multi-packs, unopened pseudoephedrine blister multi-packs, plastic bottles with writing on the outside partially filled with a chemical solution later identified as containing methamphetamine, empty bottles containing a residue and chemical smell, a broken light bulb used as a smoking device for methamphetamine, a baggie of marijuana, a film canister containing a white crystalline substance later identified as methamphetamine, a mirror with a crystalline substance on its surface, funnels, coffee filters, a syringe, dishes with residual substances on them, cigarette rolling papers, and a cotton ball with methamphetamine residue on it. The officers observed the apartment's vents were sealed off with duct tape. Officers also found clothes and shoes appearing to belong to a man of Falconer's size. The evidence from the apartment was sent to the North Dakota State Crime Laboratory for analysis; many of the items tested positive for marijuana, methamphetamine or chemicals that are the by-product of the methamphetamine manufacturing process.
[¶ 7] Niska was released from the hospital on April 20, 2005, after she was diagnosed with a possible rib fracture and her other injuries were treated. On April 21, 2005, Detectives Trom and Marks conducted a follow-up interview with Niska at her apartment. Niska was advised of her Miranda rights and was informed the detectives were conducting a more thorough investigation of the incident. Niska agreed to talk to the detectives. She told the detectives she would sometimes assist Falconer in manufacturing methamphetamine, but she claimed her role was limited to purchasing pseudoephedrine, removing the pills from the blister packages, and bringing Falconer clean water during the cook-off stage of the manufacturing process. She stated Falconer did most of the manufacturing alone and some parts of the process were completed at another location. Niska said Falconer completed part of the manufacturing process at their apartment on April 19, 2005, and he put a solution of methamphetamine and other solvents in plastic bottles with writing on them. She also told the detectives Falconer used duct tape to close off the apartment's vents to contain the chemical smell during the methamphetamine manufacturing process.
[¶ 8] Based on the information the officers received from Niska and the evidence collected from the apartment, Falconer was arrested and charged with possession of methamphetamine with intent to manufacture, possession of methamphetamine, possession of drug paraphernalia for use with methamphetamine, possession of drug paraphernalia for use with marijuana, and aggravated assault.
[¶ 9] On January 26, 2006, Niska contacted Detective Marks advising him she wanted to recant her previous statements. Detective Marks asked Niska if the incident did not happen as she claimed. She said no and informed the detective she did not want to pursue the prosecution any further.
[¶ 10] A jury trial was held on March 28 and 29, 2006. The State subpoenaed Niska to testify, but she invoked her Fifth Amendment privilege against self-incrimination. She was granted use immunity under N.D.C.C. § 31-01-09 and was required to testify. Her trial testimony contradicted her previous statements to law enforcement. Niska testified Falconer was a close friend at the time of the incident and would stay with her occasionally, but she lived in the apartment by herself. She testified Falconer stayed with her on April 19, 2005, and she used methamphetamine that night, but she could not recall whether Falconer used any. Niska testified she was in the bathroom on the morning of April 20, 2005, when Falconer pushed the door open. She said he was mad at her for doing more drugs, and she testified about the assault:
She testified she could not recall whether he took her glasses off, but she said Falconer pushed her against the wall and choked her to calm her down after she hit him on the head. Niska said she fell down at some point and he kicked her in the ribs, but she eventually left and ran to a nearby convenience store to end the fight and prevent both of them from further harming each other. She also testified she manufactured methamphetamine by herself and Falconer did not help her. She did not remember talking to any of the detectives on April 20 or 21, 2005, and she testified that she lied in her previous statements to police. She could only recall contacting Detective Marks to recant her previous statements.
[¶ 11] The jury found Falconer guilty on all counts, except possession of drug paraphernalia for use with marijuana. Falconer appeals from the judgment of conviction.
[¶ 12] Prior to trial, Falconer submitted a list of proposed and...
To continue reading
Request your trial
-
State v. Zajac
...instructions fairly and adequately informed the jury of the applicable law. State v. Haugen, 2007 ND 195, ¶ 6, 742 N.W.2d 796; State v. Falconer, 2007 ND 89, ¶ 13, 732 N.W.2d 703; State v. Olander, 1998 ND 50, ¶ 18, 575 658. "The district court is not required to instruct the jury in the ex......
-
State v. Ness
...creates a reasonable doubt about an element of the charged offense.'" State v. Zajac, 2009 ND 119, ¶ 12, 767 N.W.2d 825 (quoting State v. Falconer, 2007 ND 89, ¶ 13, 732 N.W.2d 703). We view the evidence in the light most favorable to the defendant to determine whether there is sufficient e......
-
State v. Rende
...133 S.Ct. 2151, 186 L.Ed.2d 314 (2013) ; Apprendi v. New Jersey , 530 U.S. 466, 477, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) ; State v. Falconer , 2007 ND 89, ¶ 13, 732 N.W.2d 703. In Apprendi , the Supreme Court held a fact used to enhance a criminal sentence beyond the statutory maximum fo......
-
Niska v. Falconer
... ... Niska's supporting affidavit stated the parties have had a relationship at least since 2005 and had a child together in 2011. Niska's affidavit states Falconer was released from prison on February 21, 2012, after being incarcerated for aggravated assault against her. See State v. Falconer, 2007 ND 89, 1, 17, 732 N.W.2d 703 (affirming Falconer's drug conviction, reversing his conviction for aggravated assault against Niska, and remanding for a new trial for failure to instruct on self-defense). In her affidavit, Niska stated Falconer had [824 N.W.2d 780]threatened to ... ...