"The jury instructions impermissibly allowed the jury to convict [defendant] without unanimously agreeing as to the singular criminal act [defendant] committed. We reverse the judgment and remand for a new trial," Chief Justice Jon J. Jensen wrote for the court.
April 03, 2023 at 04:31 PM
4 minute read
The North Dakota Supreme Court called for a new trial for a man convicted of driving under the influence and actual physical control and refusal to submit to a chemical test for the jury instructions erroneously merging the offenses, which required them to unanimously agree that the defendant committed a singular criminal act.
Brandon Tompkins was arrested for suspicion of driving under the influence. He also declined to submit to a chemical test.
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