North Dakota Supreme Court

State of North Dakota, Plaintiff and Appellee v. Brian Olander, Defendant and Appellant

March 5, 19981998 N.D. LEXIS 51

Summary

The court reversed Olander's manslaughter conviction because the jury was not instructed that the State had to prove beyond a reasonable doubt that he did not act in self-defense. Although Olander failed to preserve the instructional issue, the omission was obvious error affecting substantial rights and seriously undermining the fairness and integrity of the trial. The court also provided guidance for retrial concerning the admission of evidence about the victim's character.