Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable David E. Reich, Judge.
The opinion of the court was delivered by: Crothers, Justice.
This opinion is subject to petition for rehearing. [Go to Documents]
[Download as WordPerfect]
Opinion of the Court by Crothers, Justice.
[¶1] Macintosh Doll appeals a district court criminal judgment entered after a jury found him guilty of gross sexual imposition. Doll argues (1) he did not receive a fair trial because he was tried with a co-defendant, (2) he was unfairly prejudiced by the testimony of a sexual assault nurse, (3) the district court erred by denying his motion for mistrial due to a sequestration order violation and (4) the evidence was insufficient to support his conviction. We affirm.
[¶2] On March 13, 2010, law enforcement received a report that a 14-year-old girl had run away. While attempting to locate the girl, Officer Rick Widicker received information that the girl had been with Doll and that Doll had sexual intercourse with the girl. Officer Widicker called Doll and asked Doll if he knew where the girl was. Doll stated the girl had been at his residence the night before and offered to help locate her. Doll called the girl and arranged to meet her at a gas station. Officer Widicker followed Doll to the gas station and took the girl into custody when she arrived. Shortly after being taken into custody, the girl told Officer Widicker that she went to Doll's residence the night before and that Doll and Wyatte Chapin raped her while she was there.
[¶3] Officer Widicker brought the girl to the police department, contacted the girl's mother and drove the girl to the hospital for a sexual assault examination. The girl's sexual assault examination was conducted by a sexual assault nurse completing her second independent sexual assault examination. A second, more experienced, sexual assault nurse observed and was available to assist if necessary. Officer Scott Betz took over investigation of the case.
[¶4] On March 18, 2010, the State filed a criminal complaint charging 23-year-old Doll and 21-year-old Chapin with gross sexual imposition for engaging in a sexual act with a person less than fifteen years old. The district court scheduled a joint trial on the charges. Doll moved to sever his trial from Chapin's trial. The district court denied the severance motion.
[¶5] Doll and Chapin were tried at a three-day jury trial. During the pretrial conference, the district court ordered the sequestration of all witnesses during trial. On the first day of trial, the State called as witnesses the girl and the sexual assault nurse who observed the girl's examination. The girl testified that on March 13, 2010, she went to Doll's residence after a night of heavy drinking. The girl testified that after arriving, she went to Doll's bedroom, lay down in Doll's bed and began passing in and out of consciousness. She testified Doll and Chapin had sexual intercourse with her while in Doll's bed. The girl testified that she was not sure whether Doll ejaculated and that she was one "hundred ...