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9 North Dakota opinions name it 1 courts 1912–2023 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 |
|---|---|---|
Schempp-Cook v. Cookgreen2 sentences2023Schempp-Cook v. Cook, 455 N.W.2d 216, 217 (N.D. 1990). [¶6] Section 25-03.3-04, N.D.C.C., is a substantive statute requiring retention of records when the alleged offense was a violation of N.D.C.C. § 12.1-20 or N.D.C.C. § 12.1-27.2. 2023Schempp-Cook v. Cook, 455 N.W.2d 216, 217 (N.D. 1990). [¶6] Section 25-03.3-04, N.D.C.C., is a substantive statute requiring retention of records when the alleged offense was a violation of N.D.C.C. § 12.1-20 or N.D.C.C. § 12.1-27.2. | 2 | 2 |
State v. Ericksongreen1 sentence1992State v. Erickson, 231 N.W.2d 758, 762 (N.D.1975). | 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 |
|---|---|---|
State v. Purdy
green
2 sentences1999“Joint trials of persons charged together with committing the same offense are the rule rather than the exception.” Purdy , 491 N.W.2d at 405 . 1999“Joint trials of persons charged together with committing the same offense are the rule rather than the exception.” Purdy, 491 N.W.2d at 405 . | 2 | 1999–1999 |
State v. Warmsbecker
green
2 sentences1999“Bare allegations that a defendant would stand a better chance of acquittal in a separate trial or that there may be some ‘spillover effect’ from evidence against a codefendant is insufficient to compel severance.” Purdy , 491 N.W.2d at 405-06 . [¶31] In their joint appellate brief, Wamres assert the following reasons why the trial court should have granted severance for trial: (1) It is “inconsistent” to try Burnette Wamre, who is charged with possession of stolen property, with a codefendant charged with burglary and possession of stolen property; (2) It is “inconsistent” to try Jerrod Wamre 1999“Bare allegations that a defendant would stand a better chance of acquittal in a separate trial or that there may be some ‘spillover effect’ from evidence against a codefendant is insufficient to compel severance.” Purdy, 491 N.W.2d at 405-06 . [¶ 31] In their joint appellate brief, Wamres assert the following reasons why the trial court should have granted severance for trial: (1) It is “inconsistent” to try Burnette Wamre, who is charged with possession of stolen property, with a code-fendant charged with burglary and possession of stolen property; (2) It is “inconsistent” to try Jerrod Wamr | 2 | 1999–1999 |
United States v. Benz
green
2 sentences2016“The distinction that the court during the same term may amend a sentence .. but not so as- to increase it, is not -based upon the ground that the court has lost control of the judgment in the latter case, but upon the ground that to increase the penalty is to subject the defendant to double punishment for the same offense in violation of the Fifth Amendment to the [United States] Constitution, which provides that no person shall be subject for the same offense to be twice put in jeopardy of life or limb.” United States v. Benz, 282 U.S. 304, 307 , 51 S.Ct. 113 , 75 L.Ed. 354 (1931). 2016“The distinction that the court during the same term may amend a sentence .. but not so as- to increase it, is not -based upon the ground that the court has lost control of the judgment in the latter case, but upon the ground that to increase the penalty is to subject the defendant to double punishment for the same offense in violation of the Fifth Amendment to the [United States] Constitution, which provides that no person shall be subject for the same offense to be twice put in jeopardy of life or limb.” United States v. Benz, 282 U.S. 304, 307 , 51 S.Ct. 113 , 75 L.Ed. 354 (1931). | 1 | 2016–2016 |
State v. Wamre
green
2 sentences2016Ratliff’s trial attorney testified that he realized his chances of prevailing on a severance motion were “quite slim,” see, e.g., State v. Wamre, 1999 ND 164, ¶ 30 , 599 N.W.2d 268 (joint trials of persons charged together with- commitr ting the same offense are the rule rather than the exception), and that because the codefendants did not testify against Ratliff, there was no harm. 2016Ratliff’s trial attorney testified that he realized his chances of prevailing on a severance motion were “quite slim,” see, e.g., State v. Wamre, 1999 ND 164, ¶ 30 , 599 N.W.2d 268 (joint trials of persons charged together with- commitr ting the same offense are the rule rather than the exception), and that because the codefendants did not testify against Ratliff, there was no harm. | 1 | 2016–2016 |
Ernst v. State
green
2 sentences2016“Failure trf file pretrial motions, by itself, does not equate to ineffective assistance of counsel.” Ernst v. State, 2004 ND 152, ¶ 11 , 683 N.W.2d 891 . 2016“Failure trf file pretrial motions, by itself, does not equate to ineffective assistance of counsel.” Ernst v. State, 2004 ND 152, ¶ 11 , 683 N.W.2d 891 . | 1 | 2016–2016 |
State v. Johnson
green
2 sentences2010State v. Johnson, 2001 ND 184, ¶ 7 , 636 N.W.2d 391 . 2010State v. Johnson, 2001 ND 184, ¶ 7 , 636 N.W.2d 391 . | 1 | 2010–2010 |
Grady v. Donahoo
neutral
1 sentence1912And in People v. Barney, 114 Cal. 554 , 41 Pac. 41 , it was held that failure to instruct on the minor offense was not error when it clearly appeared from the evidence that the defendant was guilty of the offense charged, or not guilty at all; and second, for the reason that no, request for such instruction was made. | 1 | 1912–1912 |
People v. Barney
neutral
1 sentence1912And in People v. Barney, 114 Cal. 554 , 41 Pac. 41 , it was held that failure to instruct on the minor offense was not error when it clearly appeared from the evidence that the defendant was guilty of the offense charged, or not guilty at all; and second, for the reason that no, request for such instruction was made. | 1 | 1912–1912 |
People v. Arnold
green
2 sentences1912To the same effect, see People v. Arnold, 116 Cal. 682 , 48 Pac. 803 . 1912To the same effect, see People v. Arnold, 116 Cal. 682 , 48 Pac. 803 . | 1 | 1912–1912 |
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.