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Wrongly Convicted Database Record
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Charge: |
"Theft (including swindling/fraud, deception and grand larceny)" |
Sentence: |
6 months suspended for 2 years |
Years Imprisoned: |
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Year Crime: |
2004 |
Year Convicted: |
2005 |
Year Cleared: |
2006 |
U.S. State or Country of Crime: |
North Dakota |
County or Region of Crime: |
Burleigh |
City of Crime: |
Bismarck |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Donna Bjerklie was wrongly convicted of theft of services in Bismarck, North Dakota for writing a check to Vince's Body Shop on September 28, 2004 that she stopped payment on after she took her car to a competing body shop where she was told much of the work she was charged for hadn't been performed. Vince's Body Shop had Bjerklie car for more than 9 months after she had taken it to them in January 2004 for repairs. Bjerklie was charged on December 3, 2004 in the Burleigh County District Court with theft by deception for stopping payment on the check. A day before her jury trial was scheduled to start on December 9, 2005 the trial judge granted the State's Motion in Limine to bar Bjerklie from introducing evidence about whether the repair services were authorized and if any services were still due and owing to the repair shop. Prevented from presenting her defense by the judge's ruling, Bjerklie entered a plea of guilty conditional on her being allowed to appeal the judge ruling on the State's Motion in Limine. Bjerklie was sentenced to six months in the Burleigh County Detention Center, with all six months suspended for two years. Bjerklie appealed the judge's ruling to the North Dakota Supreme Court on December 19, 2005. Bjerklie argued that the judge erred in preventing her from presenting her defense that the State had to prove beyond a reasonable doubt that the services allegedly provided to her were authorized and due and owing, that if the Court found in her favor the Court should Order than she could withdraw her guilty plea. On July 27, 2006 the North Dakota Supreme Court unanimously ruled in Bjerklie's favor, stating: "The district court abused its discretion in prohibiting Bjerklie from presenting alternative values for the services. We therefore reverse the district court's judgment and remand, allowing Bjerklie to withdraw her guilty plea." Bjerklie withdrew her guilty plea on August 25, 2006 and with the approval of the Burleigh County District Attorney’s Office the court dismissed the charge." |
Conviction Caused By: |
The trial judge erroneously barred Donna Bjerklie from presenting her defense. |
Innocence Proved By: |
"On July 27, 2006 the North Dakota Supreme Court unanimously ruled in Bjerklie's favor, stating: "The district court abused its discretion in prohibiting Bjerklie from presenting alternative values for the services. We therefore reverse the district court's judgment and remand, allowing Bjerklie to withdraw her guilty plea." Bjerklie withdrew her guilty plea on August 25, 2006 and with the approval of the Burleigh County District Attorney’s Office the court dismissed the charge." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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Sex: |
Female |
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Information Source 1: |
"State of North Dakota v. Donna Bjerklie, 2006 ND 173, 719 N.W.2d 359 (ND Sup Ct., 7-27-2006)" |
Information Location 1: |
http://www.ndcourts.gov/court/opinions/20050438.htm |
Information Source 2: |
"State of North Dakota v. Donna Bjerklie, No. 20050438 (ND Sup Ct.) (Brief of Appellant)" |
Information Location 2: |
http://www.ndcourts.gov/court/briefs/20050438.atb.htm |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org