North Dakota v. SmithAnnotate this Case
Marquis Smith appealed after a jury found him guilty of two counts of gross sexual imposition. The State alleged Smith had sexual contact with a seven-year-old child on December 9-10, 2017. The alleged victim was the child of Smith’s girlfriend. Smith argued the district court erred by failing to exclude evidence that he accessed pornographic websites and by failing to give the jury an instruction limiting the use of the evidence. Finding no reversible error, the North Dakota Supreme Court affirmed.