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State v. Borner

North Dakota Supreme Court
836 N.W.2d 383 (2013)

Written by Sean Carroll, JD

Facts

The State of North Dakota (plaintiff) charged Borner (defendant) with conspiracy to commit extreme indifference murder. The crime of extreme indifference murder required that the defendant engaged in conduct that was extremely indifferent to human life. The crime of conspiracy required that a defendant agree with another person to commit a crime. Borner argued that he could be not guilty of conspiracy because he did not intend to cause a death. The State of North Dakota argued that Borner could be guilty of conspiracy if he agreed to engage in the conduct that caused death.

Rule of Law

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Issue

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Holding and Reasoning (Maring, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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Dissent (Sandstrom, J.)

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