State v. ButtercaseAnnotate this Case
After a jury trial, Defendant was convicted of first degree sexual assault, first degree false imprisonment, strangulation, and third degree domestic assault. The Court of Appeals affirmed. Defendant later filed a motion for return of seized property. At the hearing, the State argued that Defendant had a pending postconviction motion and a pending federal prosecution for child pornography and that many of the items that Defendant pled in his motion were subject to that case. The district court denied the motion to return property. The Supreme Court affirmed, holding (1) the district court did not abuse its discretion in denying Defendant’s motion to return seized property; (2) the district judge did not abuse its discretion in failing to parse through the property and determine what portion of the seized evidence would be necessary for the pending proceedings and return the portion that would not be necessary; and (3) Defendant’s arguments that the district court judge was biased were without merit.