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5 North Dakota opinions name it 1 courts 1982–2023 2 in the last five years
The cases below were cited by North Dakota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
South Dakota Education Association/ NEA Ex Rel. Roberts v. Barnettgreen2 sentences2023Assoc., 582 N.W.2d at 394 (severing only the challenged provision after determining “the Legislature would have intended the appropriation for salary increases for Regents’ employees to take effect even without the unconstitutional clause in section 31 on collective bargaining”). [¶43] The Pennsylvania Supreme Court has declared legislation invalid due to a single subject rule violation, but ordered a delayed effective date for its decision: “[O]ur Court must examine the various subjects contained within a legislative enactment and determine whether they have a nexus to a common purpose. 2023Assoc., 582 N.W.2d at 394 (severing only the challenged provision after determining “the Legislature would have intended the appropriation for salary increases for Regents’ employees to take effect even without the unconstitutional clause in section 31 on collective bargaining”). [¶43] The Pennsylvania Supreme Court has declared legislation invalid due to a single subject rule violation, but ordered a delayed effective date for its decision: “[O]ur Court must examine the various subjects contained within a legislative enactment and determine whether they have a nexus to a common purpose. | 2 | 2 |
State v. Schneidergreen2 sentences1982Cf. State v. Lewis, 300 N.W.2d 210, 215-216 (N.D.1980) [whether or not defendant was entitled to counsel at photographic display considered under Rule 52(b), N.D.R.Crim.P.]; State v. Schneider, 270 N.W.2d 787, 792 (N.D.1978) [question of violation of defendant's Fifth Amendment right to remain silent reviewed despite lack of proper objection]. 1982Cf. State v. Lewis, 300 N.W.2d 210, 215-216 (N.D.1980) [whether or not defendant was entitled to counsel at photographic display considered under Rule 52(b), N.D.R.Crim.P.]; State v. Schneider, 270 N.W.2d 787, 792 (N.D.1978) [question of violation of defendant’s Fifth Amendment right to remain silent reviewed despite lack of proper objection], The State’s final argument is that the inclusion of the jury instruction, even if it was defective, constituted harmless error under Chapman v. California, 386 U.S. 18 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967), rehearing denied 386 U.S. 987 , 87 S.Ct. 1283 | 1 | 1 |
State v. Arroyogreen2 sentences1982It is unquestionable that a violation of Sandstrom affects a substantial right, necessitating the application of Rule 52(b), N.D.R.Crim.P. [7] Because the situation in this case is closely akin to Sandstrom , we hold that the unconstitutional instruction on intent is an obvious error which should be noticed on appeal. [8] Accord, State v. Arroyo, 180 Conn. 149 , 429 A.2d 457, 458 (1980); People v. Wright, 408 Mich. 1 , 289 N.W.2d 1, 10-11, n. 13 (1980) [failure to object should not be made a basis for denying relief in these cases]. 1982It is unquestionable that a violation of Sandstrom affects a substantial right, necessitating the application of Rule 52(b), N.D.R.Crim.P. 7 Because the situation in this case is closely akin to Sandstrom , we hold that the unconstitutional instruction on intent is an obvious error which should be noticed on appeal. 8 Accord, State v. Arroyo, 180 Conn. 149 , 429 A.2d 457, 458 (1980); People v. Wright, 408 Mich. 1 , 289 N.W.2d 1, 10-11, n. 13 (1980) [failure to object should not be made a basis for denying relief in these cases]. | 1 | 1 |
State v. Lewisgreen2 sentences1982Cf. State v. Lewis, 300 N.W.2d 210, 215-216 (N.D.1980) [whether or not defendant was entitled to counsel at photographic display considered under Rule 52(b), N.D.R.Crim.P.]; State v. Schneider, 270 N.W.2d 787, 792 (N.D.1978) [question of violation of defendant's Fifth Amendment right to remain silent reviewed despite lack of proper objection]. 1982Cf. State v. Lewis, 300 N.W.2d 210, 215-216 (N.D.1980) [whether or not defendant was entitled to counsel at photographic display considered under Rule 52(b), N.D.R.Crim.P.]; State v. Schneider, 270 N.W.2d 787, 792 (N.D.1978) [question of violation of defendant’s Fifth Amendment right to remain silent reviewed despite lack of proper objection], The State’s final argument is that the inclusion of the jury instruction, even if it was defective, constituted harmless error under Chapman v. California, 386 U.S. 18 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967), rehearing denied 386 U.S. 987 , 87 S.Ct. 1283 | 1 | 1 |
People v. Wrightgreen2 sentences1982It is unquestionable that a violation of Sandstrom affects a substantial right, necessitating the application of Rule 52(b), N.D.R.Crim.P. [7] Because the situation in this case is closely akin to Sandstrom , we hold that the unconstitutional instruction on intent is an obvious error which should be noticed on appeal. [8] Accord, State v. Arroyo, 180 Conn. 149 , 429 A.2d 457, 458 (1980); People v. Wright, 408 Mich. 1 , 289 N.W.2d 1, 10-11, n. 13 (1980) [failure to object should not be made a basis for denying relief in these cases]. 1982It is unquestionable that a violation of Sandstrom affects a substantial right, necessitating the application of Rule 52(b), N.D.R.Crim.P. [7] Because the situation in this case is closely akin to Sandstrom , we hold that the unconstitutional instruction on intent is an obvious error which should be noticed on appeal. [8] Accord, State v. Arroyo, 180 Conn. 149 , 429 A.2d 457, 458 (1980); People v. Wright, 408 Mich. 1 , 289 N.W.2d 1, 10-11, n. 13 (1980) [failure to object should not be made a basis for denying relief in these cases]. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in North Dakota. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Teigen v. State
green
2 sentences2016Teigen v. State, 2008 ND 88, ¶7 , 749 N.W.2d 505 . 2016Teigen v. State, 2008 ND 88, ¶7 , 749 N.W.2d 505 . | 1 | 2016–2016 |
Federal Land Bank of Saint Paul v. Gefroh
green
2 sentences1988Paul v. Gefroh, 418 N.W.2d 602 (N.D.1988) and Podoll v. Brady, 423 N.W.2d 151 (N.D.1988), we held that section 47-18-04, N.D.C.C., permitting the enforcement of a mortgage on a homestead, is not an unconstitutional violation of Article XI, Section 22 of the North Dakota Constitution. 1988Paul v. Gefroh, 418 N.W.2d 602 (N.D.1988) and Podoll v. Brady, 423 N.W.2d 151 (N.D.1988), we held that section 47-18-04, N.D.C.C., permitting the enforcement of a mortgage on a homestead, is not an unconstitutional violation of Article XI, Section 22 of the North Dakota Constitution. | 1 | 1988–1988 |
Podoll v. Brady
green
2 sentences1988Paul v. Gefroh, 418 N.W.2d 602 (N.D.1988) and Podoll v. Brady, 423 N.W.2d 151 (N.D.1988), we held that section 47-18-04, N.D.C.C., permitting the enforcement of a mortgage on a homestead, is not an unconstitutional violation of Article XI, Section 22 of the North Dakota Constitution. 1988Paul v. Gefroh, 418 N.W.2d 602 (N.D.1988) and Podoll v. Brady, 423 N.W.2d 151 (N.D.1988), we held that section 47-18-04, N.D.C.C., permitting the enforcement of a mortgage on a homestead, is not an unconstitutional violation of Article XI, Section 22 of the North Dakota Constitution. | 1 | 1988–1988 |
Dinkins v. Kinney
neutral
2 sentences1982It is unquestionable that a violation of Sandstrom affects a substantial right, necessitating the application of Rule 52(b), N.D.R.Crim.P. [7] Because the situation in this case is closely akin to Sandstrom , we hold that the unconstitutional instruction on intent is an obvious error which should be noticed on appeal. [8] Accord, State v. Arroyo, 180 Conn. 149 , 429 A.2d 457, 458 (1980); People v. Wright, 408 Mich. 1 , 289 N.W.2d 1, 10-11, n. 13 (1980) [failure to object should not be made a basis for denying relief in these cases]. 1982It is unquestionable that a violation of Sandstrom affects a substantial right, necessitating the application of Rule 52(b), N.D.R.Crim.P. 7 Because the situation in this case is closely akin to Sandstrom , we hold that the unconstitutional instruction on intent is an obvious error which should be noticed on appeal. 8 Accord, State v. Arroyo, 180 Conn. 149 , 429 A.2d 457, 458 (1980); People v. Wright, 408 Mich. 1 , 289 N.W.2d 1, 10-11, n. 13 (1980) [failure to object should not be made a basis for denying relief in these cases]. | 1 | 1982–1982 |
Chapman v. California
yellow
2 sentences1982Cf. State v. Lewis, 300 N.W.2d 210, 215-216 (N.D.1980) [whether or not defendant was entitled to counsel at photographic display considered under Rule 52(b), N.D.R.Crim.P.]; State v. Schneider, 270 N.W.2d 787, 792 (N.D.1978) [question of violation of defendant’s Fifth Amendment right to remain silent reviewed despite lack of proper objection], The State’s final argument is that the inclusion of the jury instruction, even if it was defective, constituted harmless error under Chapman v. California, 386 U.S. 18 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967), rehearing denied 386 U.S. 987 , 87 S.Ct. 1283 1982Cf. State v. Lewis, 300 N.W.2d 210, 215-216 (N.D.1980) [whether or not defendant was entitled to counsel at photographic display considered under Rule 52(b), N.D.R.Crim.P.]; State v. Schneider, 270 N.W.2d 787, 792 (N.D.1978) [question of violation of defendant’s Fifth Amendment right to remain silent reviewed despite lack of proper objection], The State’s final argument is that the inclusion of the jury instruction, even if it was defective, constituted harmless error under Chapman v. California, 386 U.S. 18 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967), rehearing denied 386 U.S. 987 , 87 S.Ct. 1283 | 1 | 1982–1982 |
Chapman v. California
green
1 sentence1982Cf. State v. Lewis, 300 N.W.2d 210, 215-216 (N.D.1980) [whether or not defendant was entitled to counsel at photographic display considered under Rule 52(b), N.D.R.Crim.P.]; State v. Schneider, 270 N.W.2d 787, 792 (N.D.1978) [question of violation of defendant’s Fifth Amendment right to remain silent reviewed despite lack of proper objection], The State’s final argument is that the inclusion of the jury instruction, even if it was defective, constituted harmless error under Chapman v. California, 386 U.S. 18 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967), rehearing denied 386 U.S. 987 , 87 S.Ct. 1283 | 1 | 1982–1982 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.