State v. Bingaman’s Empirical Analysis

Citation profile

11 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Rule 8(b), N.D.R.Crim.P., provides for two or more defendants to be charged in the “same indictment, information, or complaint if they are alleged to have participated in the same act or transaction or in the same series of acts or transactions constituting one or more offenses.” Rule 13, N.D.R.Crim.P., further gives the court the power to “order two or more indictments, informations, or complaints to be tried together if the offenses and the defendants, if there is more than one, could have been joined in a single indictment, information, or complaint.” Joinder of defendants is proper when the defendants are linked together by their participation in a common transaction or act. See Explanatory Note, N.D.R.Crim.P. 8 (citing United States v. Brennan, 134 F.Supp. 42 (D.Minn.1955)). However, even when Rules 8 and 13, N.D.R.Crim.P., are initially met and joinder is granted, severance of the parties may still be necessary if the court deems the joinder to be substantially prejudicial to one or more of the parties. Rule 14, N.D.R.Crim.P., states that, “[i]f it appears that a defendant or the prosecution is prejudiced by a joinder of offenses or of defendants in an indictment, information, or complaint, or by such joinder for trial together, the court may order an election or separate trials of counts, grant a severance of defendants or provide whatever relief justice requires.” See State v. Wamre, 1999 ND 164, ¶ 29 , 599 N.W.2d 268 . The trial court’s duty under Rule 14 is a contin”

   1 later decision quote this exact passage
   e.g. State v. Stridiron

2. ““Our Court has stated that it will only exercise its power to notice obvious error in ‘exceptional circumstances where the accused has suffered serious injustice.’ State v. Johnson, 2001 ND 184, ¶ 12 , 636 N.W.2d 391 . We exercise our power to find obvious error cautiously and have very rarely found obvious error under Rule 52(b). See Johnson, at ¶ 12. ‘An alleged error does not constitute obvious error unless there is a clear deviation from an applicable legal rule under current law.’ State v. Miller, 2001 ND 132, ¶ 25 , 631 N.W.2d 587 . In order to prove that obvious error occurred, [the defendant] would have the burden of showing: ‘(1) error, (2) that is plain, and (3) that affects substantial rights.’ Id.””

   1 later decision quote this exact passage
   e.g. State v. Jennewein

3. “objected to joinder before trial, but did not make a motion for severance at the close of evidence”

   1 later decision quote this exact passage
   e.g. People v. Curtis