Legal Opinion

City of Minot v. Rubbelke

North Dakota Supreme Court

Decided June 1, 1990No. Cr. 890294PublishedCited by 16 opinions

1Opinion of the Court

GIERKE, Justice.

William Rubbelke appeals from a county court order which denied his motion for a new trial. We affirm.

On July 19, 1989, Rubbelke was found guilty by a six-person jury of driving under the influence of intoxicating liquor. Rub-belke promptly filed a motion for a new trial arguing that the trial court’s reasonable doubt jury instruction was improper and prejudicial, thereby providing adequate grounds for a new trial. The reasonable doubt instruction, drafted by the trial judge, stated as follows:

“REASONABLE DOUBT
“The City must prove the essential elements of the offense charged…

2Cases cited12 opinions

  1. State v. SkjonsbyNorth Dakota Supreme Court · 1982
  2. State v. SaulNorth Dakota Supreme Court · 1989
  3. State v. SauerSupreme Court of Minnesota · 1888
  4. State v. HalvorsonNorth Dakota Supreme Court · 1984
  5. State v. BonnerNorth Dakota Supreme Court · 1985

7 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. State v. SteffesNorth Dakota Supreme Court · 1993
  2. Ruffin v. StateCourt of Appeals of Maryland · 2006
  3. State v. White BirdNorth Dakota Supreme Court · 2015
  4. State v. AzureNorth Dakota Supreme Court · 1994
  5. State v. RomeroNorth Dakota Supreme Court · 2013

11 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API