Legal Opinion
Clark v. State
North Dakota Supreme Court
Decided September 25, 2001No. 20000296PublishedCited by 26 opinions
1Opinion of the Court
NEUMANN, Justice.
[¶ 1] Daniel J. Clark appealed from a judgment dismissing his application for post-conviction relief. We hold it was harmless error, under the circumstances of this case, when the trial court imposed an enhanced sentence under the special dangerous offender statute without having the jury find the predicate facts supporting the enhanced sentence, and we affirm.
I
[¶2] Clark was charged with murder for shooting George Girodengo, on January 17, 1996, after finding him with his wife in their home. A jury found Clark guilty of manslaughter, a class B felony, under N.D.C.C. §…
2Cases cited18 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Teague v. LaneSupreme Court of the United States · 1989
- Griffith v. KentuckySupreme Court of the United States · 1987
- Jones v. United StatesSupreme Court of the United States · 1999
13 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- State v. GouldSupreme Court of Kansas · 2001
- Poole v. StateCourt of Criminal Appeals of Alabama · 2002
- Rhoades v. StateIdaho Supreme Court · 2010
- People v. RushAppellate Court of Illinois · 2001
- State v. ParisienNorth Dakota Supreme Court · 2005
21 more not listed; retrieve them via the Exa API.