State v. Pendleton
Citations
- 2022 ND 149
Syllabus
Brief sidebars or bench conferences conducted during trial to address routine evidentiary or administrative issues outside the hearing of the jury ordinarily will not implicate the public trial right. Non-public exchanges between counsel and the court on such technical legal issues and routine administrative problems do not hinder the objectives which the Court in Waller observed were fostered by public trials. If it would be unreasonable to conclude the defendant's absence had any effect on the proceedings or the result, such an error is harmless and does not warrant a reversal. We consider jury instructions as a whole, and determine whether they correctly and adequately inform the jury of the applicable law, even though part of the instructions when standing alone may be insufficient or erroneous. If juror misconduct is noticed and the criminal defendant does not object or request a mistrial, reversal requires obvious error. We exercise our power to consider obvious error cautiously and only in exceptional situations where the defendant has suffered serious injustice. This Court has carved out a narrow exception to the general rule that statutes are not retroactive unless expressly declared so by the Legislature when the statute in question involves an ameliorating penal amendment to a criminal statute.
Judges: Tufte, Jerod E.
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11 cases in this archive cite this case.
- State v. KollieNorth Dakota Supreme Court· 2023-08-17· cited 8×
- State v. HaneyNorth Dakota Supreme Court· 2023-12-01· cited 8×
- State v. SmithNorth Dakota Supreme Court· 2023-04-26· cited 7×
- State v. FrederickNorth Dakota Supreme Court· 2023-04-26· cited 6×
- State v. Davis-HeinzeNorth Dakota Supreme Court· 2022-11-10· cited 5×
- State v. HartsonNorth Dakota Supreme Court· 2024-05-02· cited 5×
- State v. RademacherNorth Dakota Supreme Court· 2023-01-20· cited 3×
- State v. PendletonNorth Dakota Supreme Court· 2022-08-04· cited 1×
- State v. CoonsNorth Dakota Supreme Court· 2023-06-21· cited 1×
- State v. AdamsNorth Dakota Supreme Court· 2024-07-18· cited 1×
- Byrd v. StateNorth Dakota Supreme Court· 2025-03-28· cited 1×
Cites
18 cases in this archive are cited by this case.
- United States v. James Ted Norris, M.D.Fifth Circuit· 1986-01-17· cited 85×
- State v. CummingsNorth Dakota Supreme Court· 1986-04-23· cited 67×
- State v. ZimmermanNorth Dakota Supreme Court· 1994-11-16· cited 37×
- STATE of Minnesota, Respondent, Appellant, v. Byron David SMITH, Appellant, RespondentSupreme Court of Minnesota· 2016-03-09· cited 32×
- State v. BornerNorth Dakota Supreme Court· 2013-08-29· cited 31×
- State v. SchlittenhardtNorth Dakota Supreme Court· 1966-12-19· cited 29×
- City of Mandan v. BaerNorth Dakota Supreme Court· 1998-05-20· cited 24×
- State v. MartinezNorth Dakota Supreme Court· 2021-03-24· cited 17×
- State v. CookNorth Dakota Supreme Court· 2018-04-12· cited 14×
- Pemberton v. StateNorth Dakota Supreme Court· 2021-05-20· cited 14×
- State v. Shafer-ImhoffNorth Dakota Supreme Court· 2001-08-29· cited 13×
- State v. FlattNorth Dakota Supreme Court· 2007-06-26· cited 13×
- State v. WangstadNorth Dakota Supreme Court· 2018-09-25· cited 12×
- State v. PulkrabekNorth Dakota Supreme Court· 2022-06-08· cited 11×
- State v. ThomasNorth Dakota Supreme Court· 2019-07-11· cited 10×
- State v. EstradaNorth Dakota Supreme Court· 2013-05-14· cited 9×
- State v. CurtisNorth Dakota Supreme Court· 2009-04-02· cited 6×
- State v. PendletonNorth Dakota Supreme Court· 2022-08-04· cited 1×
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