24 North Dakota opinions name it 1 courts 1974–2013 0 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 |
|---|---|---|
State v. Haakensongreen2 sentences1995Although Walters and Imperial Oil knew the cross-claims were going to be tried separately and knew the issues involved, they did not participate in that trial or seek to participate in that trial. [1] "The touchstones hereafter for an effective appeal on any proper issue should be (1) that the matter has been appropriately raised in the trial court so that the trial court can intelligently rule on it, and (2) that there be a valid appeal from the judgment." State v. Haakenson, 213 N.W.2d 394, 399 (N.D. 1973) (overruled on other grounds, State v. Himmerick, 499 N.W.2d 568, 571 (N.D. 1993)). 1995Although Walters and Imperial Oil knew the cross-claims were going to be tried separately and knew the issues involved, they did not participate in that trial or seek to participate in that trial. 1 “The touchstones hereafter for an effective appeal on any proper issue should be (1) that the matter has been appropriately raised in the trial court so that the trial court can intelligently rule on it, and (2) that there be a valid appeal from the judgment.” State v. Haakenson, 213 N.W.2d 394, 399 (N.D.1973) (overruled on other grounds, State v. Himmerick, 499 N.W.2d 568, 571 (N.D.1993)). | 10 | 12 |
State v. Helgesongreen2 sentences1997State v. Helgeson, 303 N.W.2d 342, 346 (N.D.1981). 1997State v. Helgeson, 303 N.W.2d 342, 346 (N.D. 1981). | 2 | 3 |
State v. Bartkowskigreen2 sentences1981State v. Bartkowski, 290 N.W.2d 218 (N.D.1980); State v. Johnson, 231 N.W.2d 180 (N.D.1975). 1980In the absence of obvious error, a sine qua non for review by this court is “that the matter has been appropriately raised in the trial court so that the trial court can intelligently rule on it.” State v. Bartkowski, 290 N.W.2d 218, 221 (N.D.1980); see also, State v. Wells, 265 N.W.2d 239, 242 (N.D.1978). | 1 | 2 |
State v. Mooregreen2 sentences1995For an effective appeal on an issue, the issue must first have been "appropriately raised in the trial court so that the trial court could have ruled upon it ... otherwise, it would behoove a defendant to sit by and invite error in the hope that if he did not prevail the first time, he would prevail upon appellate review of invited error." State v. Moore, 286 N.W.2d 274, 283 (N.D.1979), cert. denied, 446 U.S. 943 , 100 S.Ct. 2170 , 64 L.Ed.2d 799 (1980). 1995For an effective appeal on an issue, the issue must first have been “appropriately raised in the trial court so that the trial court could have ruled upon it ... otherwise, it would behoove a defendant to sit by and invite error in the hope that if he did not prevail the first time, he would prevail upon appellate review of invited error.” State v. Moore, 286 N.W.2d 274, 283 (N.D.1979), cert. denied, 446 U.S. 943 , 100 S.Ct. 2170 , 64 L.Ed.2d 799 (1980). | 1 | 1 |
State v. Himmerickgreen2 sentences1995Although Walters and Imperial Oil knew the cross-claims were going to be tried separately and knew the issues involved, they did not participate in that trial or seek to participate in that trial. [1] "The touchstones hereafter for an effective appeal on any proper issue should be (1) that the matter has been appropriately raised in the trial court so that the trial court can intelligently rule on it, and (2) that there be a valid appeal from the judgment." State v. Haakenson, 213 N.W.2d 394, 399 (N.D. 1973) (overruled on other grounds, State v. Himmerick, 499 N.W.2d 568, 571 (N.D. 1993)). 1995Although Walters and Imperial Oil knew the cross-claims were going to be tried separately and knew the issues involved, they did not participate in that trial or seek to participate in that trial. 1 “The touchstones hereafter for an effective appeal on any proper issue should be (1) that the matter has been appropriately raised in the trial court so that the trial court can intelligently rule on it, and (2) that there be a valid appeal from the judgment.” State v. Haakenson, 213 N.W.2d 394, 399 (N.D.1973) (overruled on other grounds, State v. Himmerick, 499 N.W.2d 568, 571 (N.D.1993)). | 1 | 1 |
State v. Allengreen1 sentence1990Implicitly, this statement expresses the settled position that, for review on appeal, a question must be “appropriately raised in the trial court so that the trial court can intelligently rule on it.” State v. Allen, 237 N.W.2d 154, 157 (N.D.1975), quoting from State v. Haakenson, 213 N.W.2d 394, 399 (N.D.1973). | 1 | 1 |
Dobervich v. Central Cass Public School District No. 17green1 sentence1981No. 17, 283 N.W.2d 187, 191 (N.D.1979), we referred to State v. Haakenson, 213 N.W.2d 394, 399 (N.D.1973) and said: “[T]he touchstones for an effective appeal on any proper issue should be that the matter has been appropriately raised in the trial court so that the trial court can intelligently rule on it, and that there be a valid appeal from the judgment.” Scientific failed to object at the trial on the ground it now asserts for the first time on appeal. | 1 | 1 |
State v. Wellsgreen1 sentence1980In the absence of obvious error, a sine qua non for review by this court is “that the matter has been appropriately raised in the trial court so that the trial court can intelligently rule on it.” State v. Bartkowski, 290 N.W.2d 218, 221 (N.D.1980); see also, State v. Wells, 265 N.W.2d 239, 242 (N.D.1978). | 1 | 1 |
Matson v. Matsongreen1 sentence1976In a criminal case, State v. Haakenson, 213 N.W.2d 394, 399 (N.D.1973), we said: “The touchstones hereafter for an effective appeal on any proper issue should be (1) that the matter has been appropriately raised in the trial court so that the trial court can intelligently rule on it, and (2) that there be a valid appeal from the judgment.” See also, Matson v. Matson, 226 N.W.2d 659, 664 (N.D.1975), indicating the use of Rule 52(b) motions to define the issues for appeals. | 1 | 1 |
State v. Nesetgreen1 sentence1975Any other traps for the unwary on the road to the appellate courthouse should be eliminated.’ State v. Haakenson, 213 N.W.2d 394 at 399 (N.D.1973).” State v. Neset, 216 N.W.2d 285, 286 (N.D.1974). | 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 |
|---|---|---|
Gadeco, LLC v. Industrial Commission
green
2 sentences2013Because the Commission’s findings are insufficient to enable us to understand the basis for its decision, we reverse the judgment and remand to the Commission for the preparation of findings of fact that reveal the basis for its decision.” 2012 ND 33 , ¶¶ 19-21, 812 N.W.2d 405 . [¶5] On remand, the Commission again authorized Slawson to assess a 200 percent risk penalty against Gadeco, ruling Slawson’s invitation to participate complied with the regulatory requirements for a valid invitation to participate and Gadeco failed to accept the invitation within 30 days of receipt: “Requiring the inv 2013Because the Commission’s findings are insufficient to enable us to understand the basis for its decision, we reverse the judgment and remand to the Commission for the preparation of findings of fact that revea! the basis for its decision.” 2012 ND 33 , ¶¶ 19-21, 812 N.W.2d 405 . [¶ 5] On remand, the Commission again authorized Slawson to assess a 200 percent risk penalty against Gadeco, ruling Slawson’s invitation to participate complied with the regulatory requirements for a valid invitation to participate and Gadeco failed to accept the invitation within 30 days of receipt: “Requiring the in | 2 | 2013–2013 |
Gadeco v. Industrial Commission
green
2 sentences2013Because the Commission’s findings are insufficient to enable us to understand the basis for its decision, we reverse the judgment and remand to the Commission for the preparation of findings of fact that reveal the basis for its decision.” 2012 ND 33 , ¶¶ 19-21, 812 N.W.2d 405 . [¶5] On remand, the Commission again authorized Slawson to assess a 200 percent risk penalty against Gadeco, ruling Slawson’s invitation to participate complied with the regulatory requirements for a valid invitation to participate and Gadeco failed to accept the invitation within 30 days of receipt: “Requiring the inv 2013Because the Commission’s findings are insufficient to enable us to understand the basis for its decision, we reverse the judgment and remand to the Commission for the preparation of findings of fact that revea! the basis for its decision.” 2012 ND 33 , ¶¶ 19-21, 812 N.W.2d 405 . [¶ 5] On remand, the Commission again authorized Slawson to assess a 200 percent risk penalty against Gadeco, ruling Slawson’s invitation to participate complied with the regulatory requirements for a valid invitation to participate and Gadeco failed to accept the invitation within 30 days of receipt: “Requiring the in | 2 | 2013–2013 |
Gonzalez v. Tounjian
green
2 sentences2009N.D.R.Ev. 103(a)(1); Gonzalez v. Tounjian, 2003 ND 121, ¶ 31 , 665 N.W.2d 705 (“Under Rule 103, one of the requirements for an effective appeal based upon erroneous admission of evidence is that the matter has been properly raised in the trial court so the court can intelligently rule on it.”). 2009N.D.R.Ev. 103(a)(1); Gonzalez v. Tounjian, 2003 ND 121, ¶ 31 , 665 N.W.2d 705 (“Under Rule 103, one of the requirements for an effective appeal based upon erroneous admission of evidence is that the matter has been properly raised in the trial court so the court can intelligently rule on it.”). | 2 | 2009–2009 |
State v. Osier
green
2 sentences2010State v. Osier, 1999 ND 28, ¶ 14 , 590 N.W.2d 205 . 2010State v. Osier, 1999 ND 28, ¶ 14 , 590 N.W.2d 205 . | 1 | 2010–2010 |
In Interest of PA
green
2 sentences2003In re P.A., 1997 ND 146, ¶ 13 , 566 N.W.2d 422 . 2003In re P.A., 1997 ND 146, ¶ 13 , 566 N.W.2d 422 . | 1 | 2003–2003 |
Jacobs v. Redman
green
2 sentences1995For an effective appeal on an issue, the issue must first have been "appropriately raised in the trial court so that the trial court could have ruled upon it ... otherwise, it would behoove a defendant to sit by and invite error in the hope that if he did not prevail the first time, he would prevail upon appellate review of invited error." State v. Moore, 286 N.W.2d 274, 283 (N.D.1979), cert. denied, 446 U.S. 943 , 100 S.Ct. 2170 , 64 L.Ed.2d 799 (1980). 1995For an effective appeal on an issue, the issue must first have been “appropriately raised in the trial court so that the trial court could have ruled upon it ... otherwise, it would behoove a defendant to sit by and invite error in the hope that if he did not prevail the first time, he would prevail upon appellate review of invited error.” State v. Moore, 286 N.W.2d 274, 283 (N.D.1979), cert. denied, 446 U.S. 943 , 100 S.Ct. 2170 , 64 L.Ed.2d 799 (1980). | 1 | 1995–1995 |
Wiley v. National Collegiate Athletic Ass'n
green
2 sentences1995For an effective appeal on an issue, the issue must first have been "appropriately raised in the trial court so that the trial court could have ruled upon it ... otherwise, it would behoove a defendant to sit by and invite error in the hope that if he did not prevail the first time, he would prevail upon appellate review of invited error." State v. Moore, 286 N.W.2d 274, 283 (N.D.1979), cert. denied, 446 U.S. 943 , 100 S.Ct. 2170 , 64 L.Ed.2d 799 (1980). 1995For an effective appeal on an issue, the issue must first have been “appropriately raised in the trial court so that the trial court could have ruled upon it ... otherwise, it would behoove a defendant to sit by and invite error in the hope that if he did not prevail the first time, he would prevail upon appellate review of invited error.” State v. Moore, 286 N.W.2d 274, 283 (N.D.1979), cert. denied, 446 U.S. 943 , 100 S.Ct. 2170 , 64 L.Ed.2d 799 (1980). | 1 | 1995–1995 |
McDaniel v. Gunn
green
2 sentences1995For an effective appeal on an issue, the issue must first have been "appropriately raised in the trial court so that the trial court could have ruled upon it ... otherwise, it would behoove a defendant to sit by and invite error in the hope that if he did not prevail the first time, he would prevail upon appellate review of invited error." State v. Moore, 286 N.W.2d 274, 283 (N.D.1979), cert. denied, 446 U.S. 943 , 100 S.Ct. 2170 , 64 L.Ed.2d 799 (1980). 1995For an effective appeal on an issue, the issue must first have been “appropriately raised in the trial court so that the trial court could have ruled upon it ... otherwise, it would behoove a defendant to sit by and invite error in the hope that if he did not prevail the first time, he would prevail upon appellate review of invited error.” State v. Moore, 286 N.W.2d 274, 283 (N.D.1979), cert. denied, 446 U.S. 943 , 100 S.Ct. 2170 , 64 L.Ed.2d 799 (1980). | 1 | 1995–1995 |
State v. Rindy
green
2 sentences1981As we said in State v. Rindy, 299 N.W.2d 783 (N.D.1980), “In the absence of obvious error, a sine qua non for review by this court is ‘that the matter has been appropriately raised in the trial court so that the trial court can intelligently rule on it.’ ” 299 N.W.2d at 785 . 1981As we said in State v. Rindy, 299 N.W.2d 783 (N.D.1980), “In the absence of obvious error, a sine qua non for review by this court is ‘that the matter has been appropriately raised in the trial court so that the trial court can intelligently rule on it.’ ” 299 N.W.2d at 785 . | 1 | 1981–1981 |
State v. Johnson
green
1 sentence1981State v. Bartkowski, 290 N.W.2d 218 (N.D.1980); State v. Johnson, 231 N.W.2d 180 (N.D.1975). | 1 | 1981–1981 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.