Anderson v. Foss, et al. Docket No.: 20240008 Filing Date: 8/1/2024 Case Type: Appeal - Civil - Child Support Author: Jensen, Jon J.
Highlight:A district court's order is affirmed in part and remanded for 30 days while retaining jurisdiction under N.D.R.App.P. 35(a)(3) for no further proceedings other than to provide the additional findings requested by the Court.
State v. Reiswig Docket No.: 20240048 Filing Date: 8/1/2024 Case Type: Appeal - Criminal - Sexual Offense Author: Jensen, Jon J.
Highlight:This Court employs a trustworthiness approach when analyzing whether a confession is sufficiently corroborated. Under this approach, not every statement made in a confession must be independently verified; instead, we look to a statement made in its entirety and the facts and circumstances in which it was made to determine if it is reliable and trustworthy.
A person of reasonable caution could conclude the statement "we did have sex" means sexual intercourse meeting the statutory definition of a sexual act under N.D.C.C. § 12.1-20-02(4).
Heiser, et al. v. Dahl, et al. Docket No.: 20230323 Filing Date: 8/1/2024 Case Type: Appeal - Civil - Real Property Author: McEvers, Lisa K. Fair
Highlight:To satisfy the elements for adverse possession, the acts on which the claimant relies must be actual, visible, continuous, notorious, distinct, and hostile, and of such character to unmistakably indicate an assertion of claim of exclusive ownership by the occupant.
Section 28-01-11, N.D.C.C., narrows the scope of adverse possession when it is not based on a written instrument to property protected by a substantial enclosure or when it has been usually cultivated or improved.
Possession of real property which is permissive at its inception only becomes adverse when there is a disclaimer of the true owner's title or there are acts of an unequivocal nature by the possessor putting the owner on notice of the hostile nature of the possession.
A claimant's mowing and maintenance are not unmistakable hostile uses of land to support a claim of adverse possession.
To establish a new boundary line by the doctrine of acquiescence, it must be shown by clear and convincing evidence that both parties recognized the line as a boundary for at least 20 years.
N.D. Energy Services v. Lime Rock Resources III-A, et al. Docket No.: 20240096 Filing Date: 8/1/2024 Case Type: Appeal - Civil - Other Author: Bahr, Douglas Alan
Highlight:A lease must be read and considered in its entirety so that all of its provisions are taken into consideration to determine the parties' true intent.
Under a usual oil and gas lease, the lessee, in developing the leased premises, is entitled to use of the land reasonably necessary in producing the oil.
A purchaser who fails to make the requisite inquiry cannot claim the protection of a good-faith purchaser status.
Nordquist v. Alonge, et al. Docket No.: 20230329 Filing Date: 8/1/2024 Case Type: Original Proceeding - Civil - Writ of Mandamus Author: Bahr, Douglas Alan
Highlight:A petitioner for a writ of mandamus must show a clear legal right to performance of the act sought to be compelled and must establish no plain, speedy, and adequate remedy exists in the ordinary course of law.
When a deed does not use an existing tract currently recorded, and Instead, the deed attempts to convey a portion of land not previously recorded in the tract index as a tract or parcel of land. The description in the deed changes the property description.
Under N.D.C.C. § 57-02-39, the Auditor has discretion to request a replat of the land if certain conditions are met.
Property ownership is an issue for a court to decide in an appropriate proceeding involving the individuals who claim ownership to the property.
State v. Watts Docket No.: 20230358 Filing Date: 8/1/2024 Case Type: Appeal - Criminal - Misc. Felony Author: Bahr, Douglas Alan
Highlight:When a defendant fails to object to a proposed instruction properly or fails to specifically request an instruction or object to the omission of an instruction, the issue is not adequately preserved for appellate review and the inquiry is limited to whether the jury instructions constitute obvious error affecting substantial rights.
To successfully challenge the sufficiency of the evidence on appeal, the defendant must show the evidence, when viewed in the light most favorable to the verdict, permits no reasonable inference of guilt.
Improper comment about a defendant's invocation of the right to remain silent is a constitutional error that may be reviewed on appeal even though not raised at trial. When a defendant fails to object to alleged misconduct, we will not reverse unless the misconduct constitutes obvious error
Fiebiger v. Anderson Docket No.: 20240129 Filing Date: 8/1/2024 Case Type: Appeal - Civil - Real Property Author: Crothers, Daniel John
Highlight:In summary judgment proceedings, the non-moving party cannot rely on pleadings or unsupported conclusionary allegations. The non-moving party must present admissible evidence that raises an issue of material fact. If the non-moving party does not meet their burden, the district court may grant summary judgment
Morales v. Weatherford U.S., et al. Docket No.: 20230110 Filing Date: 8/1/2024 Case Type: Appeal - Civil - Personal Injury Author: Crothers, Daniel John
Highlight:Only those judgments and decrees which constitute a final determination of the parties' rights to an action and those orders enumerated in N.D.C.C. § 28-27-02 are appealable.
Rule 60(b), N.D.R.Civ.P., applies to final judgments or orders. A final judgment is a decree, order, or judgment "from which an appeal lies." N.D.R.Civ.P. 54(a).
Rule 54(b), N.D.R.Civ.P., recognizes a district court may direct entry of a final judgment against only some of the parties to a litigation, but until final judgment is entered all orders are subject to revision.