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New opinions: Dec. 9 Thursday, December 9, 2021

The Supreme Court has issued 11 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

State v. Brown 2021 ND 226
Docket No.: 20210191
Filing Date: 12/9/2021
Case Type: MISC. STATUTORY OFFENSE (FELONY)
Author: McEvers, Lisa K. Fair

Highlight: A preliminary hearing is not a trial on the merits, and finding of probable cause may be based on hearsay evidence and evidence that would be inadmissible at the trial.

The district court’s authority to weigh evidence and assess credibility of witnesses at a preliminary hearing is limited.

A district court abuses is discretion in refusing to allow the State to present its evidence at a preliminary hearing when testimony is not implausible or incredible.

State v. Vannett 2021 ND 225
Docket No.: 20210158
Filing Date: 12/9/2021
Case Type: DUI/DUS
Author: Crothers, Daniel John

Highlight: An officer does not seize a person under the Fourth Amendment by approaching them in a public place.

In deciding whether a seizure is justified, this Court analyzes whether there is reasonable and articulable suspicion that a person has committed or is about to commit a crime.

The government must demonstrate a chemical test was fairly administered for it to be admitted into evidence.

Although N.D.C.C. § 39-20-07 provides a statutory shortcut for evidence of a chemical test result, expert testimony can be used to show fair administration of chemical testing.

State v. Hatcher 2021 ND 224
Docket No.: 20210137
Filing Date: 12/9/2021
Case Type: MISC. STATUTORY OFFENSE (FELONY)
Author: Per Curiam

Highlight: A criminal judgment and an order denying a motion to withdraw guilty pleas are summarily affirmed under N.D.R.App.P. 35.1(a)(4).

State v. Houkom 2021 ND 223
Docket No.: 20210058
Filing Date: 12/9/2021
Case Type: MISC. STATUTORY OFF. (MISDEMEANOR)
Author: Tufte, Jerod E.

Highlight: The official proceeding or matter in which a false statement was made directly controls whether the falsification can be said to be material under N.D.C.C. § 12.1-11-03(1).

Hunter v. WSI 2021 ND 222
Docket No.: 20210185
Filing Date: 12/9/2021
Case Type: WORKERS COMPENSATION
Author: Per Curiam

Highlight: A district court judgment affirming an administrative law judge’s decision that affirmed a North Dakota Workforce Safety and Insurance decision denying benefits is summarily affirmed under N.D.R.App.P. 35.1(a)(5) and (7).

Narloch v. Narloch, et al. 2021 ND 221
Docket No.: 20210153
Filing Date: 12/9/2021
Case Type: CHILD CUST & SUPPORT (Div.\Other)
Author: Per Curiam

Highlight: Denial of a motion to relocate with minor children is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Lindeman 2021 ND 220
Docket No.: 20210159
Filing Date: 12/9/2021
Case Type: SEXUAL OFFENSE
Author: Per Curiam

Highlight: A precise time period is not required in a criminal prosecution unless time is an essential element of an offense.

Time is not an essential element of gross sexual imposition.

State v. Rieger 2021 ND 219
Docket No.: 20210092
Filing Date: 12/9/2021
Case Type: MISC. STATUTORY OFFENSE (FELONY)
Author: Per Curiam

Highlight: A judgment finding the defendant guilty of corruption of a minor, victim over fifteen and adult over twenty-two, a class C felony, is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

State v. S.J.H., et al. 2021 ND 218
Docket No.: 20210165
Filing Date: 12/9/2021
Case Type: PATERNITY
Author: Tufte, Jerod E.

Highlight: A district court has broad discretion to impose sanctions for discovery abuses, including striking pleadings or entering default judgment, when there is a deliberate or bad-faith non-compliance which constitutes a flagrant abuse of or disregard for the discovery rules.

State v. Neilan 2021 ND 217
Docket No.: 20210065
Filing Date: 12/9/2021
Case Type: DRUGS/CONTRABAND
Author: Jensen, Jon J.

Highlight: The State may appeal from a district court order granting a defendant a reduction in sentence as the reduction affects a substantial right of the State.

The district court’s acceptance of a plea agreement does not preclude it from later exercising discretion in reducing the defendant’s sentence. Such a reduction is subject to the abuse of discretion standard of review on appeal.

This Court’s power on appeal is limited by N.D.C.C. § 29-28-35. When the State appeals, this Court cannot reverse an order of the district court if doing so would increase the defendant’s sentence.

Swanson v. Larson 2021 ND 0216
Docket No.: 20210125
Filing Date: 12/9/2021
Case Type: OTHER (Civil)
Author: Crothers, Daniel John

Highlight: Generally, when a contract is silent as to its duration, it is terminable at will by either party.

Conduct establishing a breach of contract does not subject the defendant to a negligence action, unless the defendant’s conduct also establishes a breach of an independent duty that does not arise from the contract.