· 7/1/1982
Three Affiliated Tribes v. Wold Engineering, P. C.
Citations
- 321 N.W.2d 510
- 1982 N.D. LEXIS 287
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- discussing the general rule from Deavers when evaluating the second and third factors from Raschke
- treating movant's motion for new trial as a motion for habeas relief under K.S.A. 60-1507
- stating there are four factors to consider in determining whether the Legislature's use of \shall\ makes a statutory provision mandatory or directory
- finding dismissal of K.S.A. 60-1507 motion was proper due to its untimely filing, so no need to address district court's additional holding that motion was successive
- noting the panel considering Holt's second K.S.A. 60-1507 motion found Holt's jury bias claim \could have been raised on direct appeal or in his first 60- 1507 motion\
- articulating four factors to determine whether “shall” makes particular statutory provision mandatory or directory
Source: CourtListener parenthetical corpus (CC0).
Judges: Erickstad, Paul, Pederson, Sand, Son, Walle
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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