New opinions: Dec. 12 Thursday, December 12, 2019
The Supreme Court has issued 20 new opinions. Summaries of the non-per curiam opinions are below.
To see an opinion, click on the "View Opinion" button. Opinions will display in a printable format. Hyperlinks to all North Dakota opinions and rules cited in the opinion are included in the text: hover over the citation and click to follow the hyperlink.
See other Supreme Court opinions at: /supreme-court/opinions
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WSI v. Salat, et al. 2019 ND 294 Highlight: A reasoning mind could reasonably determine the claimant was unable to work and earn as much as he earned at the time of his injury and the claimant suffered low back pain that was attributable to the compensable work injury after November 11, 2016. |
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State v. Dubois 2019 ND 284 Highlight: A district court is authorized to revoke probation for a violation prior to expiration or termination of probation under N.D.C.C. § 12.1-32-07(6). A court has discretion in sentencing and need not explicitly reference the statutory sentence factors when fixing a sentence. Section 12.1-32-07(6), N.D.C.C., permits a district court to impose any sentence available at the initial time of sentencing upon revocation of probation. Issues not raised in the district court cannot generally be raised for the first time on appeal, absent obvious error. |
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State v. Komrosky 2019 ND 300 Highlight: Warrantless discovery of evidence in a defendant’s home is justified under the emergency exception to the warrant requirement if entry was actually motivated by a perceived need to render aid or assistance. |
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State v. Pailing 2019 ND 283 Highlight: A district court did not violate the defendant’s due process rights or abuse its discretion in overruling the defendant’s objection and denying the motion for mistrial concerning the State’s anecdote during closing argument. |
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Open Road Trucking v. Swanson, et al. 2019 ND 295 Highlight: A judgment debtor who pays more than his or her proportionate share of a judgment may take an assignment of the judgment for the purpose of enforcing contribution against co-debtors. |
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Thomas v. Thomas 2019 ND 299 Highlight: Section 14-09-06.2(1)(j), N.D.C.C, creates a rebuttable presumption against awarding custody of a child to a perpetrator of domestic violence if certain criteria is met. A district court is not bound to accept stipulations regarding custody and care of children if it finds the stipulations are not in the best interests of the child. A district court’s findings and conclusions regarding the presumption and stipulations should be sufficiently detailed to allow this Court to understand the basis for its decision. |
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Jesser v. N.D. Dep't of Transportation 2019 ND 287 Highlight: A driver’s limited post-arrest statutory right to counsel does not apply prior to arrest, and the holding in Kuntz v. State Highway Commissioner, 405 N.W.2d 285 (N.D. 1987) is not extended to N.D.C.C. § 39-20-14. |
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Stein v. State 2019 ND 291 Highlight: A district court was not clearly erroneous in denying the application for post-conviction relief. |
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Skaw ND Precast, LLC v. Oil Capital Ready Mix, LLC, et al. 2019 ND 296 Highlight: When a lessor sells property that is subject to an unfulfilled lease, the buyer takes the property subject to the terms of the lease. |
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City of Fargo v. Wieland 2019 ND 286 Highlight: Flood control projects are a public use for eminent domain purposes. |
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State ex rel. City of Marion v. Alber 2019 ND 289 Highlight: Res judicata principles prohibit the review of arguments raised in earlier appeals. |
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State v. Rose 2019 ND 298 Highlight: Statutes are generally not retroactive unless the legislature expressly declares so. |
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Edwardson v. State 2019 ND 297 Highlight: Whether a petitioner received?ineffective?assistance?of counsel is a mixed question of law and fact and is fully reviewable on appeal. The district court’s findings of fact will not be disturbed on appeal unless clearly erroneous. |
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State v. Walker 2019 ND 292 Highlight: A district court did not abuse its discretion when it ordered restitution against a defendant who pled guilty to theft for possession of a stolen motorcycle, and that motorcycle was returned damaged to the victim. |
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Lindstrom v. N.D. Dep't of Transportation 2019 ND 293 Highlight: A reasoning mind could have reasonably found a report and notice was forwarded to the Department within five days of the issuance of the temporary operator’s permit as required by law. The hearing officer’s decision to suspend the appellant’s license for 180 days is affirmed. |
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State v. Comes 2019 ND 290 Highlight: When both N.D.C.C. § 12.1-32-09.1 and N.D.C.C. § 12.1-32-01(1) apply to a defendant’s sentence, the defendant is not eligible for parole until eighty-five percent of the sentence has been served or thirty years after admission to the penitentiary, whichever is greater. |