North Dakota v. Tyler
Annotate this CaseTerrance Tyler appealed his conviction for Aggravated Assault in violation of N.D.C.C. 12.1-17-02(1)(a). Tyler was charged with Aggravated Assault following an altercation with the victim. The victim was subpoenaed by the State and was called as a witness during the presentation of the State’s case. Following her direct testimony, the victim was subject to cross-examination by Tyler’s counsel. At the conclusion of her testimony, the district court informed the victim she had not been released from her subpoena, excluded the victim from the courtroom, and told the victim she could be recalled as a witness for either the State or the Defendant. The victim went into premature labor after her testimony and before the start of the next day of trial. Tyler moved for a mistrial asserting he was prejudiced by the unavailability of the victim to provide additional testimony. The district court denied the motion for a mistrial. The State called three additional witnesses and rested its case. Tyler moved for a mistrial for a second time based on the absence of the victim and the district court again denied the request for a mistrial. Tyler immediately requested that the district court allow the victim to be recalled to testify by telephone, the State opposed, and the district court denied the request to recall the victim as a witness by telephone. Tyler contended that the district court abused its discretion in denying his motions for mistrial when the victim became unavailable to provide additional testimony after testifying earlier in the trial, the district court improperly altered the order of the trial, and the unavailability of the victim to provide additional testimony resulted in a manifest injustice. Finding no reversible error, the North Dakota Supreme Court affirmed the district court.
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