Opinions

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Purdy v. Purdy, et al. 2019 ND 75
Docket No.: 20180133
Filing Date: 3/13/2019
Case Type: CHILD CUST & SUPPORT (Div.\Other)
Author: Crothers, Daniel John

Highlight: A district court’s decision on a motion to modify primary residential responsibility is a finding of fact, subject to the clearly erroneous standard of review.

City of Bismarck v. King 2019 ND 74
Docket No.: 20180138
Filing Date: 3/13/2019
Case Type: DUI/DUS
Author: McEvers, Lisa K. Fair

Highlight: The criminal offense of refusal to submit to chemical testing is a strict liability offense.

State v. Nice 2019 ND 73
Docket No.: 20180350
Filing Date: 3/13/2019
Case Type: DUI/DUS
Author: VandeWalle, Gerald W.

Highlight: A defendant may not challenge the constitutionality of a statute they were not charged under.

A defendant who refuses to take a chemical test cannot rely solely on multiple recitations of the implied consent advisory to prove violations of due process rights.

The Court will not address inadequately briefed issues.

State v. Laverdure 2019 ND 72
Docket No.: 20180228
Filing Date: 3/13/2019
Case Type: DRUGS/CONTRABAND
Author: VandeWalle, Gerald W.

Highlight: Sufficient probable cause existed to support the magistrate’s issuance of a search warrant.

State v. Rai 2019 ND 71
Docket No.: 20180244
Filing Date: 3/13/2019
Case Type: SEXUAL OFFENSE
Author: VandeWalle, Gerald W.

Highlight: District court did not err in admitting lawfully obtained text message conversation from an undercover officer’s cell phone into evidence.

District court did not err in finding Miranda warnings were knowingly, voluntarily, and intelligently waived by defendant.

Defendant did not meet his burden of proof for N.D.R.Crim.P. Rule 29(a) motion for acquittal.

A rational fact-finder could find defendant failed to prove entrapment by a preponderance of the evidence.

Chisholm v. State 2019 ND 70
Docket No.: 20180340
Filing Date: 3/13/2019
Case Type: POST-CONVICTION RELIEF
Author: Jensen, Jon J.

Highlight: We distinguish peremptory demands for a change of judge from a demand for a change of judge based on bias.

Under N.D.C.C. § 29-15-21, subsequent applications for post-conviction relief are a continuation of the underlying action and considered a single proceeding.

Motions seeking the recusal of a judge for bias or prejudice must be considered by the judge who is sought to be disqualified.

Brewer v. State 2019 ND 69
Docket No.: 20180254
Filing Date: 3/13/2019
Case Type: POST-CONVICTION RELIEF
Author: Tufte, Jerod E.

Highlight: An attorney’s failure to object to admission of evidence at trial because the attorney believes the record created in a pretrial motion in limine has preserved the issue falls outside the wide range of reasonable attorney performance. Where prejudice is also shown, such a failure to object to prior bad acts evidence at trial constitutes ineffective assistance of counsel.

Becker, et al. v. Burleigh County, et al. 2019 ND 68
Docket No.: 20180259
Filing Date: 3/13/2019
Case Type: REAL PROPERTY
Author: Tufte, Jerod E.

Highlight: Injunctive relief may be granted against public entities without exhaustion of administrative remedies where the plaintiff challenges the legality and validity of a decision rather than the public entity’s wisdom, propriety, or correctness in making the decision.

Raising the grade of streets is consistent with travel or transportation, the primary use of streets.

A statutory dedication transfers the fee of the property to the public.

Publicly filed documents are presumed regular and correct until shown otherwise by evidence.

A party who fails to timely object to the clerk’s taxation of costs is precluded from seeking review of these costs on appeal.

Interest of Carter 2019 ND 67
Docket No.: 20180189
Filing Date: 3/13/2019
Case Type: CIVIL COMMIT OF SEXUAL PREDATOR
Author: Tufte, Jerod E.

Highlight: A district court must find an individual has serious difficulty controlling his behavior to continue that person’s commitment as a sexually dangerous individual.

The conduct relied upon to demonstrate the individual’s serious difficulty controlling his behavior need not be sexual in nature.

State v. Alberts 2019 ND 66
Docket No.: 20180187
Filing Date: 3/13/2019
Case Type: HOMICIDE
Author: VandeWalle, Gerald W.

Highlight: Issues raised for the first time on appeal will not be considered unless they rise to the level of obvious error.
An unambiguous oral sentencing pronouncement will control over an ambiguous written sentence.
The district court has discretion in sentencing a criminal defendant, and review of a sentence on appeal is limited to determining whether the district court acted within the limits prescribed by statute or substantially relied on an impermissible factor.

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