Wootan v. State
Citations
- 2023 ND 151
Syllabus
Once the State moves for summary judgment on a post-conviction application, the defendant must provide evidentiary support for their application in response to the State's motion. Summary judgment on a post-conviction application is proper when the defendant fails to provide evidentiary support to show a genuine issue of material fact.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that court should not interpret in a way that would “bring about an end completely at variance with the purpose of the statute”
- recognizing that federal authority under the FPA extends to the “transmission of electric energy in interstate commerce” and that FPA Section 206 is among those provisions that grant “authority in connection with such interstate transmission opera tions”
- observing that the Federal Power Act prohibits state regulation of wholesale electric rates within Federal Power Commission — now FERC — jurisdiction
- noting that Federal Power Commission’s “long assertion that it has authority over rates of sales to municipalities has probably risen to the dignity of an agency policy,” and was entitled to deference
- ‘Where the words [of a statute] are ambiguous, the judiciary may properly use the legislative history to reach a conclusion.”
- prior decisions of court left states no power to regulate wholesale sales; FPA established federal jurisdiction over such sales
Source: CourtListener parenthetical corpus (CC0).
Judges: Jensen, Jon J.
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.