· 8/7/1979
Center State Bank, Inc. v. State Banking Board
Citations
- 283 N.W.2d 183
- 1979 N.D. LEXIS 292
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- upholding denial of departure where defendant cited his lack of significant criminal history, young age, the victim's willing participation, lack of harm to victim, and low chance of reoffending
- district court reviews mitigating circumstances and then weighs those circumstances against norm defined by legislature and any aggravating circumstances
- “[Ejach mitigating circumstance [is not] required to sufficiently justify a departure by itself, so long as the collective circumstances constitute a substantial and compelling basis for departure.”
- defendant cannot argue sentence categorically disproportionate in violation of Eighth Amendment by creating fact-specific categories relating to nature of offender and details of crime
- \[A] judge is not required to state the reasons a departure motion is denied.\
- \[A] judge is not required to state the reasons a departure motion is denied.\
Source: CourtListener parenthetical corpus (CC0).
Judges: Erickstad, Hatch, Paulson, Pederson, Sand
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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