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New Opinions: Dec. 1 Friday, December 1, 2023

Matter of a Member of the Bar 2023 ND 229
Docket No.: 20230352
Filing Date: 12/1/2023
Author: Per Curiam

Highlight: Lawyer transferred to Incapacity to Practice Law Status

Holm v. Holm 2023 ND 228
Docket No.: 20230128
Filing Date: 12/1/2023
Case Type: OTHER (Civil)
Author: Crothers, Daniel John

Highlight: The petitioner for a disorderly conduct restraining order bears the burden of demonstrating how a respondent’s conduct affected the petitioner’s safety, security, or privacy. Section 12.1-31.2-01, N.D.C.C., requires the district court to make specific findings concerning the respondent’s intent.

State v. Haney 2023 ND 227
Docket No.: 20220366
Filing Date: 12/1/2023
Case Type: ASSAULT
Author: Bahr, Douglas Alan

Highlight: 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.

In considering a defendant’s claim on appeal that his right to a public trial was violated, this Court first considers whether the claim of error was preserved at trial and then considers the threshold question of whether there was a closure implicating the public trial right.

The appellant bears the burden to demonstrate the public was excluded from a proceeding to which the public had a right to be present.

A party pursuing a constitutional claim must make a strong case supported by both fact and law or forgo the claim.

Kisi v. State 2023 ND 226
Docket No.: 20230074
Filing Date: 12/1/2023
Author: Tufte, Jerod E.

Highlight: To be convicted of accomplice to attempted murder, the accused must have intended to aid in killing. Accomplice to attempted “knowing” murder under N.D.C.C. §§ 12.1-03-01 and 12.1-16-01(1)(a) is a non-cognizable offense.

The error was harmless if we are convinced the error did not contribute to the verdict.

Our determination of whether an error was harmless looks at the effect of the error on this jury, rather than speculating whether a hypothetical jury would convict the defendant absent the error. When no rational jury could find that the defendant committed the relevant criminal act but did not intend to cause injury and the erroneous instruction was not argued to the jury, the error was harmless to that particular jury.

Albertson v. Albertson 2023 ND 225
Docket No.: 20230034
Filing Date: 12/1/2023
Case Type: OTHER (Civil)
Author: Bahr, Douglas Alan

Highlight: On remand, the district court stated sufficient facts to allow this Court to review the order.

This Court will not review an issue not raised in the district court.