North Dakota v. Wilder

Richie Wilder appealed a criminal judgment entered after a jury found him guilty of murder and from an order partially granting his motion to correct an illegal sentence. Wilder argued his conviction had to be reversed and he was entitled to a new trial because his constitutional right to remain silent was violated by the State's improper comments during closing argument. He alternatively argued his sentence was illegal and should be amended because the district court erred by ordering him to have no contact with his children until they turn 18 years old. A comment on the defendant's post-arrest silence is an improper comment on the right to remain silent in violation of the Fifth and Fourteenth Amendments of the United States Constitution. The statutory sentencing provisions did not authorize the sentencing court to order no contact as part of a prison sentence. The North Dakota Supreme Court affirmed the judgment as to Wilder's conviction, reversed the judgment as to his sentence, and remanded for further proceedings. View "North Dakota v. Wilder" on Justia Law