STATE v. LITTLEDOG (2026)

[¶1] Dace Littledog appeals from a criminal judgment entered after a jury found him guilty of attempted murder. He argues the evidence was insufficient to support his conviction. He also argues the district court erred by denying his pretrial motions to dismiss for alleged violations of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), and Giglio v. United States, 405 U.S. 150, 92 S.Ct. 763, 31 L.Ed.2d 104 (1972).

[¶2] When reviewing sufficiency of the evidence, we view the evidence and all reasonable inferences in the light most favorable to the verdict and reverse only when no rational fact-finder could find guilt beyond a reasonable doubt. State v. Corman, 2009 ND 85, ¶ 8, 765 N.W.2d 530. We do not reweigh evidence or judge witness credibility. State v. Barendt, 2007 ND 164, ¶ 21, 740 N.W.2d 87. The victim identified Littledog as his assailant, and DNA evidence corroborated that identification—the victim's blood was found on shoes and a watch recovered from Littledog's apartment. On this record, a rational fact-finder could find guilt beyond a reasonable doubt.

[¶3] We review the district court's decision on a Brady claim de novo. State v. Schweitzer, 2021 ND 109, ¶ 2, 961 N.W.2d 310. The court did not err by denying Littledog's Brady motion. On this record, Littledog has not shown the prosecution possessed evidence favorable to him as to the two recordings. Id. ¶ 3. A Giglio claim is a form of Brady claim, and therefore we review Giglio claims de novo as well. State v. Russell, 2016 ND 208, ¶¶ 5–8, 886 N.W.2d 677 (analyzing Brady-Giglio precedent as a single line of authority). The district court did not err by denying Littledog's Giglio motion because the prosecution disclosed the impeachment material in discovery. Littledog had the opportunity to review it and called the officer as a witness at trial. Because the evidence was disclosed and not suppressed, Littledog cannot establish a Brady-Giglio violation.

[¶4] We summarily affirm under N.D.R.App.P. 35.1(a)(2) and (3).

Per Curiam.

[¶5] Lisa Fair McEvers, C.J. Jerod E. Tufte Jon J. Jensen Douglas A. Bahr Mark A. Friese