State v. Lunde
, 2008 ND 142,
752 N.W.2d 630
Evidence which is illegally seized in violation of the Fourth Amendment must be suppressed under the exclusionary rule; however, under the good-faith exception, evidence should not be excluded when an officer has acted in good faith upon objectively
reasonable reliance on the magistrate's probable cause decision.
The good-faith inquiry focuses upon whether a reasonably well-trained officer would have known that the search was illegal despite the magistrate's authorization.
The good-faith exception does not apply because the officer's reliance on the warrant is not objectively reasonable: (1) when the issuing magistrate was misled by false information intentionally or negligently given by the affiant; (2) when the
magistrate totally abandoned her judicial role and failed to act in a neutral and detached manner; (3) when the warrant was based on an affidavit "so lacking in indicia of probable cause as to render official belief in its existence entirely
unreasonable"; and (4) when a reasonable law enforcement officer could not rely on a facially deficient warrant.
Red River Wings, Inc. v. Hoot, Inc.
, 2008 ND 117,
751 N.W.2d 206
Unambiguous contracts are particularly amenable to summary judgment.
Limited partners who participate in the business of the partnership or act in concert with the general partner are subject to the fiduciary duties of good faith, fair dealing, loyalty, and care applicable to partners in a general partnership.
Whether a person has breached a fiduciary duty is a question of fact.
Majority limited partners who control or act in concert with the general partner can be held personally liable to minority limited partners for damages for breach of fiduciary duties.
In the breach of a partnership contract by wrongful dissolution, the damages recoverable include the value of the profits the plaintiff otherwise would have received had the partnership not been wrongfully dissolved.
District courts are considered experts in determining what is a reasonable amount of attorney fees, and an award will not be reversed absent a clear abuse of discretion.
Whether interference with a contractual relationship is justified is a question of fact.
The doctrines of frustration of purpose and impossibility do not apply if the frustration or impossibility is caused by a party to the contract.
When an agreement does not specify an interest rate, the rate for prejudgment interest is 6 percent from the time the right to recover vested.
State v. Nastrom
, 2008 ND 110,
750 N.W.2d 432
Under three-year statute of limitations for felony prosecution, willful failure to pay child support is committed when there is a failure to pay child support, which includes arrearages, in an amount ordered by a court or other governmental agency
having authority to issue orders.
State v. Lium
, 2008 ND 33,
744 N.W.2d 774
A plea agreement for a specific sentence or sentencing range which is binding on a district court may be accepted, rejected, or deferred until the court has reviewed a presentence report.
After a guilty plea has been accepted but before sentencing, a defendant may withdraw the plea if necessary to correct a manifest injustice, or if allowed in the court's discretion for any fair and just reason unless the prosecution has been
prejudiced by reliance on the plea.
A district court misapplies the law if a motion to withdraw a guilty plea is made before sentencing and the court does not decide whether there was a fair and just reason for withdrawal of the plea.
Stephenson v. Hoeven
, 2007 ND 136,
737 N.W.2d 260
Statutes are construed as a whole to give meaning, if possible, to every word, phrase, and sentence.
An administrative agency may adopt specific rules of procedure when necessary to comply with requirements outside the administrative agencies practice act or when necessary to comply with the requirements of federal law.
Interest of D.C.S.H.C.
, 2007 ND 102,
733 N.W.2d 902
The fundamental requirement of due process is the opportunity to be heard at a meaningful time and in a meaningful manner.
A prisoner's due process rights are generally satisfied if the prisoner is represented at a parental-rights-termination hearing by counsel and has an opportunity to appear by deposition or other discovery technique.
In general, there is no denial of due process when the parent testifies at a termination hearing by telephone and is represented by court-appointed counsel during the proceeding.
A North Dakota district court does not have authority to order another state to allow a prisoner to appear in a civil case.
Wagner v. Wagner
, 2007 ND 33,
728 N.W.2d 318
A spousal support determination will not be reversed on appeal unless it is clearly erroneous.
Rehabilitative spousal support is awarded to equalize the burdens of divorce or to restore an economically disadvantaged spouse to independent status by providing the spouse with the opportunity to acquire an education, training, work skills, or
experience to become self-supporting.
Dunnuck v. Dunnuck
, 2006 ND 247,
724 N.W.2d 124
An order denying a motion to modify child support that is intended to be the final order of the court is appealable.
The party requesting a change in child support must show a material change of circumstances if the motion to amend is brought within one year of the entry of the order sought to be amended.
A district court's decision not to modify a child support obligation because there has been no material change in circumstances is a finding of fact that will not be reversed unless it is clearly erroneous.
Industrial Commission v. Noack
, 2006 ND 195,
721 N.W.2d 698
An appellant has the duty to provide a transcript sufficient to allow a meaningful and intelligent review of the alleged errors.
To justify rescission of a contract, a mutual mistake must relate to the subject matter and essential elements of the contract, and not merely be collateral to it.
A party seeking to rescind a contract must offer to restore to the other party everything of value which the rescinding party received from the other party under the contract.
Heng v. Rotech Medical Corp.
, 2006 ND 176,
720 N.W.2d 54
Issues cannot be raised for the first time on appeal.
Whether an employee has established a prima facie case of retaliatory discharge is a question of law fully reviewable on appeal.
An employer's failure to follow its own policies may support an inference of pretext, but not when the departure in policy is applied to all employees.
The admission of deposition testimony under N.D.R.Civ.P. 32(a) lies within the district court's discretion.
A comparison of hours and rates charged by opposing counsel is probative of the reasonableness of a request for attorney fees by prevailing counsel.
Mediation fees may not be awarded as an allowable cost if the parties have contractually agreed to share those expenses.
Electronic legal research fees are a component of attorney fees and cannot be separately taxed as costs.
Frisk v. Frisk
, 2006 ND 165,
719 N.W.2d 332
A domestic violence protection order may be extended upon request made prior to the order's expiration.
After a case has been remanded, the district court must cure any defects, but may do so in any manner consistent with the appellate court's opinion and conformable to law and justice.
Gietzen v. Gabel
, 2006 ND 153,
718 N.W.2d 552
When there is credible evidence of domestic violence, it is the predominate factor in a child custody decision.
Specific findings and conclusions are required when a district court addresses whether evidence of domestic violence triggers the presumption against awarding custody of a child to a perpetrator of domestic violence.
When reciprocal domestic violence is claimed, a district court must make specific findings on the degree of violent behavior by each parent.
Guardianship and Conservatorship of Johnson
, 2006 ND 149,
An order appointing co-guardians and co-conservators with unlimited authority to make decisions for the ward is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).
Toso v. Workforce Safety & Insurance
, 2006 ND 70,
712 N.W.2d 312
No relief can be granted when the record in the case provides no evidence to make determinations that must be made in order to grant or deny a request.
Bates v. State
, 2006 ND 9,
711 N.W.2d 606
Denial of application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).
Estate of Pladson v. Traill Co. Social Services
, 2005 ND 213,
707 N.W.2d 473
The requirement that an asset be "actually available" for purposes of determining Medicaid eligibility must be interpreted reasonably, and the focus is on the applicant's actual and practical ability to make an asset available as a matter of fact,
not legal fiction.
Curtis Construction Co., Inc. v. American Steel Span, Inc.
, 2005 ND 218,
707 N.W.2d 68
A complete written contract must contain all the essential or material conditions and terms of the contract.
A complete contract may be contained in several writings or documents as long as it identifies: (1) the contracting parties; (2) the subject matter; (3) the consideration; and (4) the terms and conditions upon which the contract was entered.
The trier of fact decides the terms of an oral contract.
A contractor who has substantially performed may recover the contract price, less the expense of repairing the defects or omissions. Defects claimed must be clearly ascertainable in both their nature and origin. The injured party must prove the cost
of repair or the loss of value to its property.
Frisk v. Frisk
, 2005 ND 154,
703 N.W.2d 341
A domestic violence protection order, originally entered under a stipulation or agreement specifically declining to issue findings regarding domestic violence, cannot be extended absent a threshold finding of actual or imminent domestic violence.
State v. Bates
, 2004 ND 222,
691 N.W.2d 193
Conviction of gross sexual imposition is summarily affirmed under N.D.R.App.P. 35.1(a)(3).
State v. Helm
, 2004 ND 88,
679 N.W.2d 770
Conviction for class C felony terrorizing is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7).
State v. Zephyrin
, 2003 ND 155,
674 N.W.2d 21
Criminal convictions for robbery, felonious restraint, and unauthorized use of a motor vehicle are summarily affirmed under N.D.R.App.P. 35.1(a)(3), (4) and (7).
State v. Tollefson
, 2003 ND 73,
660 N.W.2d 575
An officer who reasonably believes a suspect may have a weapon in his pocket, but who is unable to determine with certainty whether the object is a weapon during a pat-down search, acts reasonably by reaching into the pocket to recover the object.