North Dakota v. Hanson
Annotate this CaseDacotah Ryder Hanson was found guilty by jury of leaving the scene of an accident involving death and manslaughter. In November 2018, a fatal motor vehicle rollover occurred near Tioga, North Dakota. Officers responded and observed a pickup truck lying on its passenger’s side in the middle of a field. Officers also observed a deceased male lying outside the passenger’s side door of the truck. The truck was registered to Hanson. At trial, law enforcement testified Hanson’s cell phone and pack of cigarettes were located in a field near the truck. Further evidence was presented, including handprints and other markings on the roof and driver’s side door, showing the driver had climbed out of the truck by the driver’s side. The markings led from the truck to the direction of Hanson’s residence. During closing argument, the State commented on Hanson’s lack of an explanation for his theory of the case. Part of Hanson’s defense theory suggested he was not the driver. The State asked how Hanson could have possibly extricated himself from underneath someone who is pinned under a truck. The defense objected on the grounds that the State was “coming dangerously close to saying the defendant needed to testify.” The objection was overruled. Hanson argued on appeal to the North Dakota Supreme Court that the State commenting on his right not to testify created reversible error. Hanson also argued the evidence was insufficient to support the criminal convictions. Finding no reversible error, the North Dakota Supreme Court affirmed.
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