issue of obvious error (North Dakota) · Go Syfert
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issue of obvious error in North Dakota

12 North Dakota opinions name it 1 courts 2020–2025 10 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.

Followed or applied (3)

CaseFollowedCited
State v. Rourkegreen
nd · 2017 · cited in 9 North Dakota opinions naming this issue, 2023–2025
2 sentences

2025State v. Rourke, 2017 ND 102, ¶ 8 , 893 N.W.2d 176 (This Court “need not exercise our discretion to notice obvious error in an appeal when the defendant does not raise the issue of obvious error, because it is the defendant’s burden to show an obvious error that effects a substantial right.”). [¶3] Alg also argues the jury instructions were improper because the essential elements did not identify specific conduct and as a result, the jury was not required to be in unanimous agreement when it convicted him.

2025State v. Rourke, 2017 ND 102, ¶ 8 , 893 N.W.2d 176 (This Court “need not exercise our discretion to notice obvious error in an appeal when the defendant does not raise the issue of obvious error, because it is the defendant’s burden to show an obvious error that effects a substantial right.”). [¶3] Alg also argues the jury instructions were improper because the essential elements did not identify specific conduct and as a result, the jury was not required to be in unanimous agreement when it convicted him.

49
State v. Rellergreen
nd · 2024 · cited in 3 North Dakota opinions naming this issue, 2024–2024
2 sentences

2024See State v. Reller, 2024 ND 105, ¶ 2 , 7 N.W.3d 252 (“This Court ‘need not exercise our discretion to notice obvious error in an appeal when the defendant does not raise the issue of obvious error . . . .’” (quoting State v. Rourke, 2017 ND 102, ¶ 8 , 893 N.W.2d 176 )).

2024See State v. Reller, 2024 ND 105, ¶ 2 , 7 N.W.3d 252 (“This Court ‘need not exercise our discretion to notice obvious error in an appeal when the defendant does not raise the issue of obvious error . . . .’” (quoting State v. Rourke, 2017 ND 102, ¶ 8 , 893 N.W.2d 176 )).

33
State v. Hansfordgreen
nd · 2019 · cited in 1 North Dakota opinions naming this issue, 2025–2025
2 sentences

2025State v. Thomas, 2020 ND 30, ¶ 14 , 938 N.W.2d 897 ; see State v. Rourke, 2017 ND 102, ¶ 8 , 893 N.W.2d 176 (“We need not exercise our discretion to notice obvious error in an appeal when the defendant does not raise the issue of obvious error, because it is the defendant’s burden to show an obvious error that effects a substantial right.”); State v. Sah, 2020 ND 38, ¶ 9 , 938 N.W.2d 912 (declining to address obvious error when appellant did not argue it); see also State v. Hansford, 2019 ND 52, ¶ 29 , 923 N.W.2d 113 (“We only decide issues that have been thoroughly briefed and argued.”).

2025State v. Thomas, 2020 ND 30, ¶ 14 , 938 N.W.2d 897 ; see State v. Rourke, 2017 ND 102, ¶ 8 , 893 N.W.2d 176 (“We need not exercise our discretion to notice obvious error in an appeal when the defendant does not raise the issue of obvious error, because it is the defendant’s burden to show an obvious error that effects a substantial right.”); State v. Sah, 2020 ND 38, ¶ 9 , 938 N.W.2d 912 (declining to address obvious error when appellant did not argue it); see also State v. Hansford, 2019 ND 52, ¶ 29 , 923 N.W.2d 113 (“We only decide issues that have been thoroughly briefed and argued.”).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in North Dakota. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
State v. Thomas green
nd · 2020
2 sentences

2025State v. Thomas, 2020 ND 30, ¶ 14 , 938 N.W.2d 897 ; see State v. Rourke, 2017 ND 102, ¶ 8 , 893 N.W.2d 176 (“We need not exercise our discretion to notice obvious error in an appeal when the defendant does not raise the issue of obvious error, because it is the defendant’s burden to show an obvious error that effects a substantial right.”); State v. Sah, 2020 ND 38, ¶ 9 , 938 N.W.2d 912 (declining to address obvious error when appellant did not argue it); see also State v. Hansford, 2019 ND 52, ¶ 29 , 923 N.W.2d 113 (“We only decide issues that have been thoroughly briefed and argued.”).

2025State v. Thomas, 2020 ND 30, ¶ 14 , 938 N.W.2d 897 ; see State v. Rourke, 2017 ND 102, ¶ 8 , 893 N.W.2d 176 (“We need not exercise our discretion to notice obvious error in an appeal when the defendant does not raise the issue of obvious error, because it is the defendant’s burden to show an obvious error that effects a substantial right.”); State v. Sah, 2020 ND 38, ¶ 9 , 938 N.W.2d 912 (declining to address obvious error when appellant did not argue it); see also State v. Hansford, 2019 ND 52, ¶ 29 , 923 N.W.2d 113 (“We only decide issues that have been thoroughly briefed and argued.”).

32020–2025
State v. Henes green
nd · 2009
2 sentences

2025IV [¶15] Taylor asserts the district court imposed an illegal sentence because the age of 15, rather than the age of 18, was used to determine his life expectancy. [¶16] “A district court is afforded wide discretion in sentencing.” State v. Henes, 2009 ND 42, ¶ 6 , 763 N.W.2d 502 .

2025IV [¶15] Taylor asserts the district court imposed an illegal sentence because the age of 15, rather than the age of 18, was used to determine his life expectancy. [¶16] “A district court is afforded wide discretion in sentencing.” State v. Henes, 2009 ND 42, ¶ 6 , 763 N.W.2d 502 .

12025–2025
State v. Sah green
nd · 2020
2 sentences

2025State v. Thomas, 2020 ND 30, ¶ 14 , 938 N.W.2d 897 ; see State v. Rourke, 2017 ND 102, ¶ 8 , 893 N.W.2d 176 (“We need not exercise our discretion to notice obvious error in an appeal when the defendant does not raise the issue of obvious error, because it is the defendant’s burden to show an obvious error that effects a substantial right.”); State v. Sah, 2020 ND 38, ¶ 9 , 938 N.W.2d 912 (declining to address obvious error when appellant did not argue it); see also State v. Hansford, 2019 ND 52, ¶ 29 , 923 N.W.2d 113 (“We only decide issues that have been thoroughly briefed and argued.”).

2025State v. Thomas, 2020 ND 30, ¶ 14 , 938 N.W.2d 897 ; see State v. Rourke, 2017 ND 102, ¶ 8 , 893 N.W.2d 176 (“We need not exercise our discretion to notice obvious error in an appeal when the defendant does not raise the issue of obvious error, because it is the defendant’s burden to show an obvious error that effects a substantial right.”); State v. Sah, 2020 ND 38, ¶ 9 , 938 N.W.2d 912 (declining to address obvious error when appellant did not argue it); see also State v. Hansford, 2019 ND 52, ¶ 29 , 923 N.W.2d 113 (“We only decide issues that have been thoroughly briefed and argued.”).

12025–2025
City of Fargo v. Lunday green
nd · 2009
1 sentence

2025“We need not exercise our discretion to notice obvious error in an appeal when the defendant does not raise the issue of obvious error, 5 because it is the defendant’s burden to show an obvious error that effects a substantial right.” Id. [¶14] We decline to exercise our discretion to consider whether the district court obviously erred.

12025–2025

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