State v. Olmstead (1976)

In State v. Olmstead, 246 N.W.2d 888, 890 (N.D.1976), cert. denied 436 U.S. 918 , 98 S.Ct. 2264 , 56 L.Ed.2d 759 (1978), we explained the position of this court when faced with a review of evidence and the credibility of witnesses: “On the question of credibility of witnesses, reading a cold transcript is no substitute for hearing and observing witnesses as they testify.

State v. Olm-stead, 246 N.W.2d 888, 890 (N.D.1976), cert. denied, 436 U.S. 918 , 98 S.Ct. 2264 , 56 L.Ed.2d 759 (1978).

But, if we decided differently, we would have no assurance that ours was the better decision." State v. Olmstead, 246 N.W.2d 888, 890 (N.D.1976).

State v. Olmstead, 246 N.W.2d 888, 890 (N.D. 1976).

“In criminal cases we have repeatedly held that ‘at the appellate level we do not substitute our judgment for that of the jury or trial court where the evidence is conflicting, if one of the conflicting inferences reasonably tends to prove guilt and fairly warrants a conviction.’ “However stated, these rules indicate a recognition that the truth can better be determined in the confrontation of the testimony of witnesses appearing in person than from a transcript of the testi…

State v. Olmstead, 246 N.W.2d 888, 890 (N.D.1976).

State v. Olmstead , 246 N.W.2d 888, 890 (N.D. 1976).

State v. Oasheim, 353 N.W.2d 291, 293 (N.D.1984) (“[T]he trial judge may, within limits, weigh the evidence and evaluate for himself the credibility of the witnesses.”) (emphasis added). [¶ 21] This Court does not sit as a “thirteenth juror” to make independent determinations of credibility of witnesses or other evidentiary weight. “[A]t the appellate level we do not substitute our judgment for that of the jury or trial court where the evidence is conflicting, if one of the …

See, e.g., State v. Padgett, 393 N.W.2d 754, 757 (N.D.1986); State v. Olmstead, 246 N.W.2d 888, 890 (N.D.1976).

State v. Olmstead, 246 N.W.2d 888, 890 (N.D.1976).

State v. Olmstead, *586 246 N.W.2d 888, 890 (N.D.1976), cert. denied, 436 U.S. 918 , 98 S.Ct. 2264 , 56 L.Ed.2d 759 (1978); State v. Neset, 216 N.W.2d 285, 287 (N.D.1974).

State v. Olson, 290 N.W.2d 664 (N.D.1980).” In State v. Olmstead, 246 N.W.2d 888, 890 (N.D.1976), we stated: “In criminal cases we have repeatedly held that ‘at the appellate level we do not substitute our judgment for that of the jury or trial court where the evidence is conflicting, if one of the conflicting inferences reasonably tends to prove guilt and fairly warrants a conviction.’ State v. Kaloustian, 212 N.W.2d 843, 845 (N.D.1973), and cases cited therein; State v. Ne…

In State v. Olmstead, 246 N.W.2d 888, 890 (N.D.1976), we stated: “In criminal cases we have repeatedly held that ‘at the appellate level we do not substitute our judgment for that of the jury or trial court where the evidence is conflicting, if one of the conflicting inferences reasonably tends to prove guilt and fairly warrants a conviction.’ State v. Kaloustian, 212 N.W.2d 843, 845 (N.D.1973), and cases cited therein; State v. Neset, 216 N.W.2d 285, 287 (N.D.1974).” With t…

The term “element of an offense”, is defined by Section 12.1-01-03(1), N.D.C.C., as follows: “1. ... a. the forbidden conduct; b. the attendant circumstances specified in the definition and grading of the offense; c. the required culpability; d. any required result; and e. the nonexistence of a defense as to which there is evidence in the case sufficient to give rise to a reasonable doubt on the issue.” In reviewing the facts of this case to determine whether or not the elem…

In State v. Olmstead, 246 N.W.2d 888, 890 (N.D.1976), cert. denied, 436 U.S. 918 , 98 S.Ct. 2264 , 56 L.Ed.2d 759 , we stated: “ ‘In criminal cases we have repeatedly held that “at the appellate level we do not substitute our judgment for that of the jury or trial court where the evidence is conflicting, if one of the conflicting inferences reasonably tends to prove guilt and fairly warrants a conviction.” ’ State v. Kaloustian, 212 N.W.2d 843, 845 (N.D.1973), and cases cite…

As we said in State v. Olmstead, 246 N.W.2d 888, 890 (N.D.1976): “On the question of credibility of witnesses, reading a cold transcript is no substitute for hearing and observing witnesses as they testify.

State v. Olmstead, 246 N.W.2d 888, 890 (N.D.1976), cert. denied, 436 U.S. 918 , 98 S.Ct. 2264 , 56 L.Ed.2d 759 (1978).

The rules applicable to our review recognize that “the truth can better be determined in the confrontation of the testimony of witnesses appearing in person than from a transcript of the testimony of those witnesses.” State v. Olmstead, 246 N.W.2d 888, 890 (N.D.1976).

Tones of voice, hesitations, confusion, surprise, and other telltale indications of mental state convey to trial judges and jurors much that is lost to appellate judges.” State v. Olmstead, 246 N.W.2d 888, 890 (N.D.1976).

In criminal cases, this court has held that “at the appellate level we do not substitute our judgment for that of the jury or trial court where the evidence is conflicting, if one of the conflicting inferences reasonably tends to prove guilt and fairly warrants a conviction.” State v. Olmstead, 246 N.W.2d 888, 890 (N.D.1976), cert. denied 436 U.S. 918 , 98 S.Ct. 2264 , 56 L.Ed.2d 759 (1978), citing State v. Kaloustian, 212 N.W.2d 843, 845 (N.D.1973), and the cases cited ther…

In conjunction with all three defenses, we think what we have recently said in State v. Olmstead, 246 N.W.2d 888, 890 (N.D.1976), is pertinent in this case.

We have stated in the past that: “In criminal cases we have repeatedly held that ‘at the appellate level we do not substitute our judgment for that of the jury or trial court where the evidence is conflicting, if one of the conflicting inferences reasonably tends to prove guilt and fairly warrants a conviction.’ State v. Kaloustian, 212 N.W.2d 843, 845 (N.D.1973), and cases cited therein; State v. Neset, 216 N.W.2d 285, 287 (N.D.1974).” State v. Olmstead, 246 N.W.2d 888, 890…

See State v. Olmstead, 246 N.W.2d 888 (N.D.1976). .

P., motion to withdraw a plea of guilty, we have stated that "the clearly erroneous test which it sets forth, or a facsimile thereof, is applied in both civil and criminal proceedings.” State v. Padgett, 393 N.W.2d 754, 757 (N.D.1986); see also State v. Olmstead, 246 N.W.2d 888, 890 (N.D.1976).

See e.g., State v. Olmstead, 246 N.W.2d 888, 890 (N.D.1976), cert. denied, 436 U.S. 918 , 98 S.Ct. 2264 , 56 L.Ed.2d 759 (1978).