North Dakota v. Geiger
Annotate this CaseDavid Geiger was convicted by jury of stalking. The victim testified she was an employee at a bank where Geiger was a customer. The victim, in conjunction with other bank employees, decided to close out Geiger’s account after what the victim described as abusive conduct by Geiger towards bank employees. Geiger was informed of the closure and instructed to collect the remaining funds in his account through the drive-up window. The victim and other employees then observed Geiger sitting in his car across the street. Due to concerns surrounding this behavior, bank staff contacted law enforcement to escort staff from the building to their vehicles at closing. Later that same night, the victim received a phone call to her personal phone, verified by law enforcement as having been placed from a phone belonging to Geiger. Upon answering the call, the victim’s husband said “hello” several times, but there was no response. These incidents served as grounds for the stalking charge. On appeal, Geiger argued the district court failed to make a mandatory determination regarding whether the conduct he was alleged to have engaged in was constitutionally protected. He further argued the evidence presented at trial was insufficient to support the jury’s verdict of guilty. Finding no reversible error, the North Dakota Supreme Court affirmed.
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