Legal Opinion
State v. Olander
North Dakota Supreme Court
Decided March 5, 1998No. Criminal 970273PublishedCited by 138 opinions
1Opinion of the Court
MESCHKE, Justice.
[¶ 1] Brian Olander appealed a jury conviction finding him guilty of manslaughter for the death of Nick Bullinger. We hold the trial court’s failure to instruct the jury that the State had the burden of proving beyond a reasonable doubt Olander did not act in self-defense was obvious error. We reverse and remand for a new trial.
[¶ 2] Olander and Bullinger owned adjoining tracts of land in Oliver County for several years, but boundary disputes created antagonism between them. Near 9 p.m. on August 16, 1996, Olander and Bullinger met while driving opposite directions on a rural…
2Cases cited34 opinions
- United States v. OlanoSupreme Court of the United States · 1993
- Johnson v. United StatesSupreme Court of the United States · 1997
- United States v. AtkinsonSupreme Court of the United States · 1936
- Martin v. OhioSupreme Court of the United States · 1987
- Tichnell v. StateCourt of Appeals of Maryland · 1980
29 more not listed; retrieve them via the Exa API.
3Cited by138 opinions
- State v. ErickstadNorth Dakota Supreme Court · 2000
- State v. ThompsonNorth Dakota Supreme Court · 2010
- State v. BertramNorth Dakota Supreme Court · 2006
- State v. HernandezNorth Dakota Supreme Court · 2005
- State v. EvansNorth Dakota Supreme Court · 1999
133 more not listed; retrieve them via the Exa API.