State v. Guthmiller

Citations

• 2025 ND 162

Syllabus

In criminal cases, errors not raised in the district court may be either forfeited errors or waived errors. Forfeiture is the failure to timely assert a right, while waiver is the intentional relinquishment of a right. Although this Court may review forfeited errors for obvious error, the obvious error analysis under N.D.R.Crim.P. 52(b) does not apply to waived errors. Unchallenged jury instructions become the law of the case for purposes of assessing a claim about the sufficiency of the evidence.