State of North Dakota, Plaintiff and Appellee v. Timothy Gene Klose, Defendant and Appellant

Summary

The North Dakota Supreme Court affirmed Timothy Klose's murder conviction and the denial of his motion for mistrial and two motions for new trial. The court held the mistrial motion was untimely because it was first made at sentencing after the jury had been discharged; substantial evidence supported the jury's finding that the State proved Klose was sane despite his delirium-tremens-based lack-of-criminal-responsibility defense; the State's exhibits, including photographs, were properly admitted under N.D.R.Ev. 403; the court's written note answering the jury's question did not violate N.D.C.C. § 29-22-05 because counsel participated in chambers and assented to a written response; and the verdict acquitting on burglary while convicting on murder was reconcilable, not compromised. No separate opinions were filed.