New opinions: Dec. 17
Interest of Buller 2020 ND 317 Docket No.: 20200168 Filing Date: 12/17/2020 Case Type: CIVIL COMMIT OF SEXUAL PREDATOR Author: Jensen, Jon J.
Highlight: The State’s second petition seeking civil commitment of a sexually dangerous individual was not barred by res judicata.
This Court will not consider an argument that is not adequately articulated, supported, and briefed.
Atkins v. State 2020 ND 316 Docket No.: 20200077 Filing Date: 12/17/2020 Case Type: POST-CONVICTION RELIEF Author: Jensen, Jon J.
Highlight: Court-appointed appellate counsel is not permitted to file an Anders brief in post-conviction relief proceedings.
State v. Hirschkorn 2020 ND 315 Docket No.: 20190404 Filing Date: 12/17/2020 Case Type: ASSAULT Author: Tufte, Jerod E.
Highlight: A district court’s decision to exclude evidence on the basis it lacks adequate foundation lies within its sound discretion and will not be reversed on appeal absent an abuse of discretion that affected substantial rights.
To authenticate evidence under N.D.R.Ev. 901(a), the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is.
The proponent of offered evidence need not rule out all possibilities inconsistent with authenticity or conclusively prove that evidence is what it purports to be; rather, the proponent must provide proof sufficient for a reasonable juror to find the evidence is what it purports to be.
A defendant challenging the sufficiency of the evidence on appeal must show that the evidence, when viewed in the light most favorable to the verdict, reveals no reasonable inference of guilt.
Highlight: A district court’s finding that plaintiffs obtained property through boundary by acquiescence is affirmed.
A district court did not abuse its discretion when it refused to award costs and attorney’s fees under N.D.C.C. §§ 28-26-01(2) and 28-26-31.
State v. Foote 2020 ND 313 Docket No.: 20200145 Filing Date: 12/17/2020 Case Type: DUI/DUS Author: Tufte, Jerod E.
Highlight: This Court, in its review, will not weigh conflicting evidence or judge the credibility of witnesses. We will affirm a district court’s decision on a motion to suppress if there is sufficient competent evidence fairly capable of supporting the trial court’s findings, and the decision is not contrary to the manifest weight of the evidence.
An officer is engaged in the role of community caretaker when the officer approaches a parked vehicle to inquire in a conversational manner whether the occupant is okay or needs assistance. A request that the suspect open the door or roll down the window is permissible, but the same would not be true of an order that he do so.
State v. Sackenreuter 2020 ND 312 Docket No.: 20200176 Filing Date: 12/17/2020 Case Type: DUI/DUS Author: Crothers, Daniel John
Highlight: N.D.C.C. § 39-08-01(1)(f) is clear and unambiguous.
When a defendant enters a conditional guilty plea, addressing whether a district court erred in rejecting proposed jury instructions amounts to issuing an advisory opinion.
Twete v. Mullin, et al. 2020 ND 311 Docket No.: 20200106 Filing Date: 12/17/2020 Case Type: REAL PROPERTY Author: Tufte, Jerod E.
Highlight: As adopted in North Dakota, the Uniform Trust Code (U.T.C.) does not provide for a statutory award of attorney’s fees in cases of breach of trust. The adoption of the U.T.C. without Section 1006 did not displace the limited authority to award attorney’s fees under the common law in cases of breach of trust. The common fund exception does not apply to cases of breach of trust in which the action was brought by the sole beneficiary of the trust.
Highlight: An eviction is summarily affirmed under N.D.R.App.P. 35.1(a)(7).
Lindstaedt v. George 2020 ND 309 Docket No.: 20200127 Filing Date: 12/17/2020 Case Type: OTHER (Civil) Author: Tufte, Jerod E.
Highlight: A district court’s finding of domestic violence is a finding of fact that will not be overturned unless it is clearly erroneous.
We will not reexamine findings of fact made by the trial court upon conflicting evidence, and a choice between two permissible views of the weight of the evidence is not clearly erroneous.
State v. Rodriguez 2020 ND 308 Docket No.: 20200004 Filing Date: 12/17/2020 Case Type: SEXUAL OFFENSE Author: McEvers, Lisa K. Fair
Highlight: A defendant cannot successfully argue their waiver of the Sixth Amendment right to counsel was not voluntary, knowing, and intelligent when the record demonstrates the defendant’s clear desire to represent himself despite an understanding of the risks therein. To challenge a conviction based on the sufficiency of the evidence on appeal, a defendant must move for a judgment of acquittal under N.D.R.Crim.P. 29 at trial. This Court may not consider whether a district court obviously erred if an appellant fails to argue obvious error on appeal.
Discover Bank v. Hornbacher 2020 ND 307 Docket No.: 20200232 Filing Date: 12/17/2020 Case Type: CONTRACTS Author: Tufte, Jerod E.
Highlight: A stipulation providing for entry of judgment in an amount certain followed by an agreed payment schedule to avoid execution is sufficient to require a district court to enter judgment according to the stipulation.
Sather v. Sather 2020 ND 306 Docket No.: 20200137 Filing Date: 12/17/2020 Case Type: DIVORCE Author: Crothers, Daniel John
Highlight: A divorce judgment is final if the district court adjudicates all claims in the divorce proceeding, and does not reserve disposition of an issue.
A district court errs by adopting the parties’ parenting plan without all of the information in N.D.C.C. § 14-09-30(2) being included or, after considering the best interests of the child as required by N.D.C.C. § 14-09-30(1), providing its own findings regarding the same.
Highlight: Cost of repairs or diminution of value are both appropriate measure of damages for a breach of contract claim related to a duty to repair under a lease.
Everett v. State 2020 ND 304 Docket No.: 20200099 Filing Date: 12/17/2020 Case Type: POST-CONVICTION RELIEF Author: Tufte, Jerod E.
Highlight: Orders denying leave to file are not appealable.
Curtiss v. State 2020 ND 303 Docket No.: 20200175 Filing Date: 12/17/2020 Case Type: OTHER (Civil) Author: Jensen, Jon J.
Highlight: Any attempt to avoid, defeat or evade a judgment, or to deny its force and effect, in some incidental proceeding not provided for by law, with the express purpose of obtaining relief from that judgment is a collateral attack.
The Uniform Postconviction Procedure Act is the exclusive remedy for collaterally challenging the judgment of a conviction.
State v. Bolme 2020 ND 302 Docket No.: 20200090 Filing Date: 12/17/2020 Case Type: DRUGS/CONTRABAND Author: Jensen, Jon J.
Highlight: Under the reasonable suspicion standard, an officer is not required to see a motorist violating a traffic law or rule out every potential innocent excuse for the behavior in question before stopping a vehicle for investigation.
The mere odor of marijuana, detected by a trained and experienced officer, creates a sufficient factual basis to establish probable cause.
Rentz v. BNSF Railway Co. 2020 ND 301 Docket No.: 20200074 Filing Date: 12/17/2020 Case Type: PERSONAL INJURY Author: Jensen, Jon J.
Highlight: Rule 615, N.D.R.Ev., serves the twin purposes of (1) preventing one witness’ testimony from influencing the testimony of other witnesses; and (2) aiding in detecting false testimony and credibility issues.
The designation of a trial representative pursuant to Rule 615, N.D.R.Ev., is not equivalent to the designation of an organization representative for purpose of deposition testimony as required by Rule 30(b)(6), N.D.R.Civ.P.
A lay witness may testify to a matter to which they have personal knowledge.
The decision to grant or deny a new trial rests within the sound discretion of the trial court, and its decision will not be set aside on appeal absent an affirmative showing of a manifest abuse of discretion.
Pursuant to the “harmless error” rule, Rule 61, N.D.R.Civ.P., only errors or defects which affect substantial rights of the parties will warrant a new trial.
Kuntz v. Leiss, et al. 2020 ND 300 Docket No.: 20200119 Filing Date: 12/17/2020 Case Type: REAL PROPERTY Author: VandeWalle, Gerald W.
Highlight: A property owner must prove actual injury to recover more than nominal damages on a trespass claim.
Failure to award nominal damages does not warrant reversal of a judgment unless a significant right or a question of costs is involved.
Pursuant to N.D.C.C. § 32-03.2-11, a party must move to amend the pleadings to claim exemplary damages.
City of Fargo v. Hofer 2020 ND 299 Docket No.: 20200041 Filing Date: 12/17/2020 Case Type: DUI/DUS Author: Tufte, Jerod E.
Highlight: A search warrant does not cure defects in an implied consent advisory if the officer is administering a chemical test under the implied consent statute.
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