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2025 ND 106

State v. Lampert

North Dakota Supreme Court

Decided June 5, 2025

North Dakota Supreme Court · decided 2025-06-05

A jury's verdict was summarily affirmed under N.D.R.App.P. 35.1(a)(3). A district court's order was summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Relies on State v. Wanner

Decided 2025-06-05

                  IN THE SUPREME COURT
                  STATE OF NORTH DAKOTA

                                
2025 ND 106



State of North Dakota,                                 Plaintiff and Appellee
       v.
Corbin Alexander Lampert,                           Defendant and Appellant



                                No. 20240271

Appeal from the District Court of Burleigh County, South Central Judicial
District, the Honorable Pamela A. Nesvig, Judge.

AFFIRMED.

Per Curiam.

Julie A. Lawyer, State’s Attorney (argued), and Gabrielle J. Goter, Assistant
State’s Attorney (appeared), Bismarck, ND, for plaintiff and appellee.

Justin M. Balzer (argued) and Brooke A. Benson (on brief), Bismarck, ND, for
defendant and appellant.
                                  State v. Lampert
                                   No. 20240271

Per Curiam.

[¶1] Corbin Lampert appeals from a judgment entered after a jury found him
guilty of murder and unlawful possession of a firearm, arguing his convictions
should be overturned because the verdicts were based on insufficient evidence.
He also argues the district court abused its discretion by allowing a witness to
testify after violating a sequestration order.

[¶2] After reviewing the record we conclude the evidence was sufficient to
support a finding that Lampert was guilty beyond a reasonable doubt for both
charges of murder and unlawful possession of a firearm. See State v. Watts, 
2024 ND 158, ¶ 14
, 10 N.W.3d 563 (stating a defendant must show the evidence
permits no reasonable inference of guilt and that this Court does not reweigh
conflicting evidence or judge the credibility of witnesses). We summarily affirm
under N.D.R.App.P. 35.1(a)(3).

[¶3] The district court did not abuse its discretion permitting the witness to
testify. See State v. Wanner, 
2010 ND 121, ¶¶ 13, 17
, 
784 N.W.2d 143
 (stating it is
in the district court’s discretion to allow a witness to testify despite hearing prior
testimony in violation of a sequestration order and that the party objecting to the
testimony must show the witness was influenced by the prior testimony and the
objecting party would be prejudiced by the influenced testimony). We
summarily affirm under N.D.R.App.P. 35.1(a)(4).

[¶4] Jon J. Jensen, C.J.
     Daniel J. Crothers
     Lisa Fair McEvers
     Jerod E. Tufte
     Douglas A. Bahr




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