New opinions: Dec. 17 Thursday, December 17, 2020
The Supreme Court has issued 19 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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Interest of Buller 2020 ND 270 Highlight: The State’s second petition seeking civil commitment of a sexually dangerous individual was not barred by res judicata. |
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Atkins v. State 2020 ND 269 Highlight: Court-appointed appellate counsel is not permitted to file an Anders brief in post-conviction relief proceedings. |
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State v. Hirschkorn 2020 ND 268 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. |
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McCarvel, et al. v. Perhus, et al. 2020 ND 267 Highlight: A district court’s finding that plaintiffs obtained property through boundary by acquiescence is affirmed. |
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State v. Foote 2020 ND 266 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. |
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State v. Sackenreuter 2020 ND 265 Highlight: N.D.C.C. § 39-08-01(1)(f) is clear and unambiguous. |
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Twete v. Mullin, et al. 2020 ND 264 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. |
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NBS Consulting v. Harris, et al. 2020 ND 263 Highlight: An eviction is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
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Lindstaedt v. George 2020 ND 262 Highlight: A district court’s finding of domestic violence is a finding of fact that will not be overturned unless it is clearly erroneous. |
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State v. Rodriguez 2020 ND 261 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. |
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Discover Bank v. Hornbacher 2020 ND 260 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. |
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Sather v. Sather 2020 ND 259 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. |
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Three Aces Properties v. United Rentals 2020 ND 258 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. |
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Everett v. State 2020 ND 257 Highlight: Orders denying leave to file are not appealable. |
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Curtiss v. State 2020 ND 256 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. |
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State v. Bolme 2020 ND 255 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. |
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Rentz v. BNSF Railway Co. 2020 ND 254 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. |
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Kuntz v. Leiss, et al. 2020 ND 253 Highlight: A property owner must prove actual injury to recover more than nominal damages on a trespass claim. |
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City of Fargo v. Hofer 2020 ND 252 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. |