State v. Ensminger

State v. Ensminger, 562 N.W.2d 104 (N.D. 1996)

[Go to Documents]Filed Dec. 20, 1996IN THE SUPREME COURTSTATE OF NORTH DAKOTA

State of North Dakota, Plaintiff and Appellee
v.
Robert Steven Ensminger, Jr., Defendant and Appellant

Criminal No. 960148

Appeal from the District Court for Cass County, East Central Judicial District, the Honorable Georgia Dawson, Judge.
AFFIRMED.
Per Curiam.
John T. Goff, State's Attorney, Courthouse, P.O. Box 2806, Fargo, ND 58108-2806, for plaintiff and appellee. Submitted on brief.
Alisha L. Ankers, Johnson Law Office, 1018 1st Avenue North, Fargo, ND 58102, for defendant and appellant. Submitted on brief.

State v. Ensminger

Criminal No. 960148

Per Curiam.

Robert Ensminger, Jr., appeals from the trial court's denial of his motion for new trial. Ensminger claims the trial court erred when it did not grant his motion because it did not consider evidence Ensminger alleges was unavailable at trial. Ensminger contends the new evidence demonstrates his innocence. We affirm under N.D.R.App.P. 35.1(a)(2). State v. Sievers, 543 N.W.2d 491, 495 (N.D. 1996).

Gerald W. VandeWalle, C.J.
Dale V. Sandstrom
William A. Neumann
Mary Muehlen Maring
Herbert L. Meschke