BISMARCK, N.D. — The North Dakota Supreme Court has overturned a murder verdict against a man convicted of shooting a Grand Forks man more than two years ago.
Delvin Shaw was sentenced to life in prison for the June 2014 killing of Jose Lopez. Shaw said in his appeal that a judge should not have allowed testimony at trial about an earlier burglary at the same apartment complex where Lopez was killed.
The high court said in a 4-1 ruling released Wednesday that the error denied Shaw his right to a fair trial. Justices say Shaw deserves a new trial.
Justice Dale Sandstrom disagreed with the findings, saying defense attorneys should have objected to the evidence or asked that the judge instruct the jury about limiting the use of some of the evidence.