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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.