State v. Hansford
- State of North Dakota, Plaintiff and Appellee
Samuel Elliot Hansford, Defendant and Appellant
- Case Type
- CRIMINAL APPEAL : SEXUAL OFFENSE
- Appeal From
Case No. 2017-CR-00001
Southwest Judicial District, Golden Valley County
James D. Gion
Whether a suspect is in custody is a mixed question of fact and law which is fully reviewable on appeal.
A reasonable person would not believe he was in custody when he traveled unrestrained to the police station, was not placed under arrest or otherwise restrained, was told he was free to leave at any time, sat closest to the door during the interview, was interviewed in a room with only one law enforcement agent present, did not show any apprehension about being in the agent’s company, and told the agent he understood he was free to leave at any time.
It is the State’s burden to prove the voluntariness of a defendant’s confession and to produce evidence on relevant factors.
Even if a suspect is not in custody and Miranda warnings are given gratuitously, they are not rendered wholly irrelevant in determining whether incriminating statements were given voluntarily.
Parties raising a constitutional claim must provide persuasive authority and a reasoned analysis to support the claim.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||05/09/2018||NOTICE OF APPEAL : 05/09/2018|
|2||05/09/2018||ORDER FOR TRANSCRIPT : 05/10/2018|
|3||05/10/2018||NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.|
|4||05/10/2018||Notice served on Markus A. Powell and Christina M.Wenko|
|5||05/11/2018||Notice of Assignment of Counsel by Markus Powell|
|6||06/04/2018||ELEC. RECORD ON APPEAL DATED JUNE 1, 2018 (ENTRY NOS. 1-164)|
|7||06/18/2018||ELECTRONIC TRANSCRIPT DATED AUGUST 1, 2017 & C.O.S.|
|8||07/18/2018||MOT. EXT/TIME APPELLANT BRIEF|
|10||07/18/2018||ACTION BY CLERK - Granted : 08/17/2018|
|12||08/17/2018||E-FILED BRIEF (PDF)|
|15||08/23/2018||Rec'd non-substantive corrections to ATB & ATA (service, jmt, noa)|
|16||08/27/2018||Rec'd $25 e-filing surcharge for ATB (receipt #26386)|
|17||08/29/2018||Rec'd 6 copies of ATB & ATA from CSD|
|19||09/14/2018||E-FILED BRIEF (PDF)|
|20||09/20/2018||Rec'd $25.00 surcharge for AEB filing (receipt #26595)|
|21||09/24/2018||Recieved 6 copies of AEB back from central Duplicating|
|22||11/13/2018||NOTICE OF ORAL ARGUMENT SENT|
|23||12/03/2018||APPEARANCES: Markus A. Powell; Christina M. Wenko; Olivia L. Krebs|
|24||12/03/2018||ARGUED: Markus A. Powell; Olivia L. Krebs|
|25||12/03/2018||ORAL ARGUMENT WEBCAST|
|27||02/21/2019||UNANIMOUS OPINION : McEvers, Lisa K. Fair||View|
|28||02/22/2019||Judgment Sent to Parties|
|29||03/26/2019||Corrected/Substitute Opinion Page (Correction occurs on Page 10, Paragraph 26, Line 3 and replaces|
|30||03/26/2019||"Comm," with "Commc'ns,"|