North Dakota v. Lott

MyKennah Lott appealed after she was found guilty of preventing arrest following a bench trial. In January 2017, Lott and an acquaintance were found walking on property owned by the Dakota Access Pipeline. Law enforcement personnel approached the pair and Lott began to "step backwards at a fairly brisk pace" while law enforcement gathered more information. Lott was eventually informed she was under arrest for trespassing. Lott resisted arrest, broke free, and eventually had to be taken to the ground in order to be arrested. After a bench trial, Lott was found guilty of preventing arrest. During sentencing, the district court asked Lott's counsel for a sentencing recommendation. Counsel conferred with Lott and requested fines and fees be waived. Nothing in the record indicated Lott was personally addressed and afforded the opportunity to speak on her behalf during the sentencing phase. On appeal of her conviction and sentence, Lott challenged the sufficiency of the evidence and claimed she was improperly denied an opportunity to address the court during sentencing. The North Dakota Supreme Court affirmed the conviction, vacated the sentence, and remanded for resentencing. View "North Dakota v. Lott" on Justia Law