The Supreme Court has issued 7 new opinions.
The summaries are below.
To see an opinion, click on the "View Opinion" button. Opinions display in a printable format. Hyperlinks to all North Dakota opinions and rules cited in an opinion are included in the text: hover over the citation and click to follow the hyperlink.
See other Supreme Court opinions at: https://www.ndcourts.gov/supreme-court/opinions
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Schulz v. Helmers 2021 ND 158 Docket No.: 20210025 Filing Date: 8/19/2021 Case Type: OTHER (Civil) Author: Crothers, Daniel John Highlight: Contract damages for breaching a duty to maintain buildings in a lease are measured by the lesser of the cost to repair and the diminution in value of the property when avoiding windfalls or economic waste. |
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Interest of T.L.E. 2021 ND 157 Docket No.: 20210190 Filing Date: 8/19/2021 Case Type: MENTAL HEALTH Author: Per Curiam Highlight: A district court’s orders for hospitalization and involuntary treatment with medication are summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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Interest of G.J.E.P. 2021 ND 156 Docket No.: 20210188 Filing Date: 8/19/2021 Case Type: TERMINATION/PARENTAL RIGHTS Author: Per Curiam Highlight: A juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
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Pinkney v. State 2021 ND 155 Docket No.: 20200249 Filing Date: 8/19/2021 Case Type: POST-CONVICTION RELIEF Author: VandeWalle, Gerald W. Highlight: Whether to grant a motion for a continuance rests within the district court’s discretion. Post-conviction relief is not a device for investigating possible claims, but a means for vindicating actual claims. |
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State v. Lyman 2021 ND 154 Docket No.: 20200321 Filing Date: 8/19/2021 Case Type: DUI/DUS Author: Jensen, Jon J. Highlight: The district court did not abuse its discretion when it admitted blood test results into evidence over the Defendant’s foundational objections that the State failed to prove scrupulous compliance with the approved method for collecting and submitting a blood specimen. |
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Dubois v. State 2021 ND 153 Docket No.: 20210019 Filing Date: 8/19/2021 Case Type: POST-CONVICTION RELIEF Author: Crothers, Daniel John Highlight: Counsel’s failure to raise a novel or groundbreaking legal claim does not constitute ineffective assistance of counsel. A district court is the best credibility evaluator in cases of conflicting testimony, and we will not second-guess the district court’s credibility determinations. The procedures in Rule 11, N.D.R.Crim.P., does not apply to admissions on probation revocation. Section 12.1-32-07(6), N.D.C.C., unambiguously restrains a district court’s authority in probation revocation cases to imposition of the sentence initially imposed but suspended. State v. Gefroh, 458 N.W.2d 479, 483-84 (N.D. 1990) and State v. Lindgren, 483 N.W.2d 777, 779 (N.D. 1992) are overruled. |
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State v. Boger 2021 ND 152 Docket No.: 20200297 Filing Date: 8/19/2021 Case Type: DUI/DUS Author: Jensen, Jon J. Highlight: A mistake of fact may support reasonable suspicion for a traffic stop if the mistake was objectively reasonable. When reviewing a district court’s decision on a motion to suppress, we defer to the court’s findings of fact and resolve conflicts in testimony in favor of affirmance. |
