State v. Beciraj
, 2003 ND 171,
670 N.W.2d 855
Obvious errors affecting substantial rights may be addressed on appeal even if the error was not brought to the attention of the trial court.
Obvious error requires an appellant must establish (1) an error, (2) that is plain, which (3) affects substantial rights.
N.D.R.Ev. 404(b) prohibits the use of character evidence except for certain purposes.
State v. Beciraj
, 2003 ND 173,
671 N.W.2d 250
The crime of conspiracy is limited to agreements to engage in a crime or crimes that are defined elsewhere.
Conspiracy does not require that an offense actually be committed as long as there is an agreement and an overt act to effect an objective of the conspiracy.
The act for the purpose of conspiracy can range from an act that would be innocent in the absence of a conspiracy to the actual commission of the offense agreed upon.
Conspiracy to commit arson by damaging or destroying one's own property for the purpose of collecting insurance on the loss, may occur even when, unknown to the conspirators, the insurance has lapsed.
Evidence of a prior home fire may be properly admitted if its probative value outweighs any danger of unfair prejudice and the evidence is not used to prove character but is used to show a plan for committing arson for the purpose of collecting
insurance.
State v. Roerick
,
557 N.W.2d 55 (N.D. 1996)
Disclosure of expert witness two weeks prior to trial
did not unfairly prejudice defendant or cause
ineffective assistance of counsel.
State v. Lambert
,
539 N.W.2d 288 (N.D. 1995)
State v. Carson
,
453 N.W.2d 485 (N.D. 1990)
State v. Runck
,
418 N.W.2d 262 (N.D. 1987)
State v. York
,
326 N.W.2d 208 (N.D. 1982)
State v. Carlson
,
318 N.W.2d 308 (N.D. 1982)
State v. McMorrow
,
314 N.W.2d 287 (N.D. 1982)
State v. Nordquist
,
309 N.W.2d 109 (N.D. 1981)
State v. Phelps
,
297 N.W.2d 769 (N.D. 1980)
State v. Roquette
,
290 N.W.2d 260 (N.D. 1980)
State v. Phelps
,
286 N.W.2d 472 (N.D. 1979)