A criminal judgment entered after a jury found the defendant guilty of manslaughter and reckless endangerment with a firearm is summarily affirmed under N.D.R.App.P. 35.1(a)(2).
State of North Dakota, Plaintiff and Appellee
v.
Travis Everett McDermott, Defendant and Appellant
No. 20240150
Appeal from the District Court of Ward County, North Central Judicial District,
the Honorable Todd L. Cresap, Judge.
AFFIRMED.
Per Curiam.
Tiffany M. Sorgen, Assistant State’s Attorney, Minot, N.D., for plaintiff and
appellee.
Samuel A. Gereszek, Grand Forks, N.D., for defendant and appellant.
State v. McDermott
No. 20240150
Per Curiam.
[¶1] Travis McDermott appeals from a criminal judgment entered after a jury
convicted him of manslaughter and reckless endangerment with a firearm. On
appeal, McDermott argues that the district court committed obvious error by
failing to declare a mistrial after some of the jury pool allegedly observed
McDermott in restraints prior to voir dire.
[¶2] McDermott waived his claim of error when he raised the issue with the
district court but then expressly withdrew any objection, stating that he wished
to move forward with trial. McDermott informed his attorney that some of the
jury pool had seen him in restraints prior to voir dire; McDermott’s attorney
raised the issue with the district court, and after discussion on the record,
McDermott’s attorney informed the court “he has indicated that he is prepared
to move forward today despite what happened.” We summarily affirm the
judgment under N.D.R.App.P. 35.1(a)(7). State v. Studhorse,
, 7
N.W.3d 253 (explaining that a party waives a claim of error by affirmatively
stating he has “no objection” or requests for jury instructions).
[¶3] Jon J. Jensen, C.J.
Daniel J. Crothers
Lisa Fair McEvers
Jerod E. Tufte
Douglas A. Bahr
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