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The North Dakota Supreme Court has reversed the court judgment against a Minot man convicted of possessing a weapon in jail while awaiting a murder trial.
Shawnee Krall was convicted of murder in August 2024 after a roommate went missing. He was sentenced to life for murder and later was ordered to serve a concurrent sentence of 10 years for felony possession of homemade weapons in the Ward County Jail in September 2023.
Krall appealed the weapons judgment, contending the district court violated his Sixth Amendment right to counsel by permitting him to proceed to trial representing himself without advising him of the disadvantages of doing so.
The Supreme Court found Krall had changed his mind about representing himself and requested court-appointed counsel 19 days before trial, renewing the request on the morning of the trial. The district court denied his requests and never advised Krall of the dangers and disadvantages of self-representation throughout the proceedings. The court determined the record does not show a knowing and intelligent waiver of Krall's right to counsel in ordering the judgment reversed and further proceedings conducted.
The Supreme Court previously had issued an opinion affirming Krall's appealed murder conviction. Krall argued the prosecution failed to present sufficient evidence for a jury to find him guilty beyond a reasonable doubt and that the district court erred in rejecting Krall’s requested jury instructions on circumstantial evidence.
The state’s case was complicated by suppressed evidence obtained as a result of law enforcement's search of Krall’s car without a warrant. It barred prosecutors from mentioning the victim's body, the fact she was deceased and the results of the autopsy.
The Supreme Court found the state presented sufficient evidence and the district court acted properly in its jury instructions on the circumstantial evidence.