State v. Yoney
Citations
- 2020 ND 118
Syllabus
A party may not challenge as error a ruling or other trial proceeding invited by that party. The obvious error analysis under N.D.R.Crim.P. 52(b) does not apply to errors waived through the doctrine of invited error. This Court reviews an alleged inconsistent verdict by examining both the law of the case and the evidence to determine whether the verdict is logical and probable or whether it is perverse and clearly contrary to the evidence. Under N.D.R.Crim.P. 52(a), an error that does not affect substantial rights is harmless and must be disregarded.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that specific criminal intent may be inferred \from conduct that plainly indicates such intent as a matter of logical probability\
- Criminal intent may be inferred “from conduct that plainly indicates such intent as a matter of logical probability.”
- To show actual prejudice, the appellant must establish “from an adequate record that the trial court likely would have granted a suppression motion.”
- insufficient 17 In re Pers. Restraint of Arntsen No. 101635-2 evidence of fear in fact when the defendant shot outside a house and victim was inside and could not see any shooting
- insufficient 17 In re Pers. Restraint of Arntsen No. 101635-2 evidence of fear in fact when the defendant shot outside a house and victim was inside and could not see any shooting
- an act done with intent to create in another apprehension and fear of bodily injury, which in fact creates a reasonable apprehension and imminent fear of bodily injury, is a common law definition of assault recognized in Washington
Source: CourtListener parenthetical corpus (CC0).
Judges: McEvers, Lisa K. Fair
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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