defendant must show error (North Dakota) · Go Syfert
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defendant must show error in North Dakota

6 North Dakota opinions name it 1 courts 2000–2018 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.

Followed or applied (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in North Dakota.

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 (7)

CaseCitedYears
State v. Steen neutral
nd · 2015
2 sentences

2018State v. Steen , 2015 ND 66, ¶ 7 , 860 N.W.2d 470 .

2018State v. Steen , 2015 ND 66, ¶ 7 , 860 N.W.2d 470 .

22016–2018
State v. Nikle green
nd · 2006
1 sentence

2013“To establish obvious error, a defendant must show error occurred that 1) was plain, meaning it deviated from a legal rule under the current law, and 2) affected substantial rights, meaning the outcome of the proceeding was affected.” Id.

12013–2013
State v. Bertram green
nd · 2006
1 sentence

2009Id. [¶ 14] A new preliminary hearing is not always required when an information is amended.

12009–2009
State v. Krull green
nd · 2005
2 sentences

2006State v. Krull, 2005 ND 63, ¶ 6 , 693 N.W.2d 631 ; N.D.R.Crim.P. 52(b). [¶ 6] North Dakota has not established rules indicating the circumstances under which a venireperson’s comments would be so prejudicial that a judge must dismiss the pool in its entirety.

2006State v. Krull, 2005 ND 63, ¶ 6 , 693 N.W.2d 631 ; N.D.R.Crim.P. 52(b). [¶ 6] North Dakota has not established rules indicating the circumstances under which a venireperson’s comments would be so prejudicial that a judge must dismiss the pool in its entirety.

12006–2006
Strom-Sell v. COUNCIL FOR CONCERNED CITIZENS, INC. green
nd · 2000
1 sentence

2000State v. Burke, 2000 ND 25, ¶ 16 , 606 N.W.2d 108 .

12000–2000
State v. Burke green
nd · 2000
1 sentence

2000State v. Burke, 2000 ND 25, ¶ 16 , 606 N.W.2d 108 .

12000–2000
City of Bismarck v. Towne green
nd · 1999
2 sentences

2000Although Steen concedes he did not move for judgment of acquittal under N.D.R.Crim.P. 29, and therefore failed to preserve the issue of sufficiency of the evidence for review, see, e.g., City of Bismarck v. Towne, 1999 ND 49, ¶ 8 , 590 N.W.2d 893 , he argues the insufficiency of the evidence is obvious error affecting substantial rights under N.D.R.Civ.P. 52(b). [¶ 17] To establish obvious error, a defendant must show an error that is plain and affects substantial rights.

2000Although Steen concedes he did not move for judgment of acquittal under N.D.R.Crim.P. 29, and therefore failed to preserve the issue of sufficiency of the evidence for review, see, e.g., City of Bismarck v. Towne, 1999 ND 49, ¶ 8 , 590 N.W.2d 893 , he argues the insufficiency of the evidence is obvious error affecting substantial rights under N.D.R.Civ.P. 52(b). [¶ 17] To establish obvious error, a defendant must show an error that is plain and affects substantial rights.

12000–2000

Where else courts name it

WA 42 (1982–2026) IL 39 (1997–2026) SC 32 (1998–2026) MI 28 (2015–2026) CA 13 (1889–2026) OH 12 (1994–2026) NC 11 (1949–2026) IN 9 (1993–2008) NM 8 (2008–2026) NJ 7 (2009–2021) AZ 7 (2009–2024) KS 6 (2020–2025) ND 6 (2000–2018) TX 4 (1984–2012) GA 3 (1985–1998) KY 2 (2024–2024) MO 2 (1993–1993) WI 2 (1978–1988) ID 2 (2014–2014) NY 2 (2013–2016) MA 2 (1983–2011) LA 2 (1987–1989)

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.

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