State of North Dakota, Plaintiff and Appellee v. Jeffrey Dean Anderson, Defendant and Appellant (North Dakota 2003)

Summary

The court affirmed Anderson’s convictions for seven counts of gross sexual imposition, holding that letters he sent to his daughter were relevant evidence of an ongoing course of sexual conduct, were not unfairly prejudicial, and did not constitute inadmissible character evidence. Anderson waived ordinary appellate review by stating that he had no objection when the letters were offered at trial, and he failed to establish obvious error warranting relief. Justice Sandstrom, concurring in the result, objected to the opinion’s unnecessary identification of the victim and its impact on her privacy.

Holding

Preservation of the evidentiary challenge. Anderson waived ordinary appellate review of the evidentiary objection because he did not renew his objection when the letters were offered at trial, despite having previously filed a motion in limine.

Relevance of the letters. The letters were relevant because they indicated that sexual acts had occurred between Anderson and his daughter and supported the State’s allegation of an ongoing course of conduct encompassing the charged offenses.

Character evidence and unfair prejudice. The letters were not excluded by the character-evidence rule and were not unfairly prejudicial because they concerned the same ongoing criminal activity as the charged offenses, rather than an independent crime offered solely to show propensity.