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State v. Roberson11/30/1998
at a refusal to submit to a blood alcohol test may be considered in deciding the question of guilt or innocence, see State v. Murphy, 516 N.W.2d 285, 287 (N.D. 1994), and failure to object may have been a matter of trial tactics. In any event, this alleged error by trial counsel does not rise to constitutional dimensions.
[ ] Roberson also asserts his trial counsel was ineffective for failing to present to the jury a videotape he had taken of the accident site. However, there is no showing on the record what the videotape would depict or what its relevance would have been to the trial proceedings. This alleged error does not rise to constitutional dimensions.
[ ] We cannot conclude from this record that Roberson's trial attorney conducted a deficient defense.
[ ] The judgment is affirmed.
[ ] Gerald G. Glaser, S.J., David W. Nelson, D.J., & Maurice R. Hunke, D.J.
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