State v. Watts

Citations

• 2024 ND 158

Syllabus

When a defendant fails to object to a proposed instruction properly or fails to specifically request an instruction or object to the omission of an instruction, the issue is not adequately preserved for appellate review and the inquiry is limited to whether the jury instructions constitute obvious error affecting substantial rights. To successfully challenge the sufficiency of the evidence on appeal, the defendant must show the evidence, when viewed in the light most favorable to the verdict, permits no reasonable inference of guilt. Improper comment about a defendant's invocation of the right to remain silent is a constitutional error that may be reviewed on appeal even though not raised at trial. When a defendant fails to object to alleged misconduct, we will not reverse unless the misconduct constitutes obvious error