North Dakota v. SahAnnotate this Case
Lansana Sah appealed after a jury found him guilty of gross sexual imposition and child abuse following denial of a motion for new trial. In 2017, an eleven year old middle school student disclosed to a counselor she and her siblings had been abused by their mother and stepfather, Sah. Sah was tried in 2019. Sah moved for a new trial, arguing his motion under N.D.R.Crim.P. 29 should have been granted because the instances of abuse other than the “peppering” were inadmissible. The motion was denied. He appealed to the North Dakota Supreme Court, arguing the district court abused its discretion by admitting evidence of abuse other than the peppering, because these incidents were "prior bad acts," and the court did not give a cautionary instruction to the jury. The North Dakota Supreme Court determined these arguments went beyond the scope of those argued in the motion for a new trial. That motion "did not state with particularity how or why the evidence was inadmissible, and did not city to any legal authority." Sah's conclusory arguments that evidence was not admissible did not preserve the issue he raised before the Supreme Court on appeal.