North Dakota v. Gaddie

Docket Number20210187
Decision Date03 March 2022
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4 cases
  • Severance v. Howe
    • United States
    • North Dakota Supreme Court
    • October 26, 2023
    ...construction which would render part of the statute mere surplusage." State v. Gardner, 2023 ND 116, ¶ 7, 992 N.W.2d 535 (quoting State v. Gaddie, 2022 ND 44, ¶ 971 N.W.2d 811). [¶20] Howe does not challenge the district court's holding that N.D.C.C. § 28-01-46 applies to chiropractors. Sec......
  • State v. Smith
    • United States
    • North Dakota Supreme Court
    • January 5, 2023
    ..., 2018 ND 56, ¶ 9, 907 N.W.2d 361 ). Obvious error review under N.D.R.Crim.P. 52(b) does not apply to waived or invited errors. State v. Gaddie , 2022 ND 44, ¶ 4, 971 N.W.2d 811. Smith may not seek reversal of an error he waived or invited. He requested the instruction on reckless endangerm......
  • State v. Gardner
    • United States
    • North Dakota Supreme Court
    • June 21, 2023
    ...advise the jury of the applicable law even if part of the instruction standing alone may be insufficient or erroneous." State v. Gaddie, 2022 ND 44, ¶ 6, 971 N.W.2d 811. [¶7] We must review the statute to assure the jury instructions correctly and adequately inform the jury of the applicabl......
  • State v. Hultberg
    • United States
    • North Dakota Supreme Court
    • April 14, 2022
    ...of commission of the offense and the jury was required to find Hultberg not guilty if the jurors did not all agree on one method. State v. Gaddie , 2022 ND 44, ¶¶ 10-11, 971 N.W.2d 811. When the verdict form is read with the instructions, the general verdict form did not allow the jury to f......

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