State v. Williamson2024 ND 7 Docket No.: 20230205 Filing Date: 1/10/2024 Case Type: SEXUAL OFFENSE Author: Bahr, Douglas Alan
Highlight:N.D.C.C. § 12.1-32-02(2) requires a district court include any credit for sentence reductions in the criminal judgment.
State v. Salou2024 ND 6 Docket No.: 20230196 Filing Date: 1/10/2024 Case Type: MISC. STATUTORY OFFENSE (FELONY) Author: Tufte, Jerod E.
Highlight:Rule 28(b)(7)(B), N.D.R.App.P., requires an appellant’s brief to have a statement of the applicable standard of review and a citation to the record showing that the issue was preserved for review, or a statement of grounds for seeking review of an issue that was not preserved. A preserved evidentiary issue is reviewed under the abuse of discretion standard, and an unpreserved evidentiary issue is reviewed for obvious error.
There was sufficient evidence for a jury to draw an inference reasonably tending to prove the charged offense.
State v. Gietzen2024 ND 5 Docket No.: 20230181 Filing Date: 1/10/2024 Case Type: MISC. STATUTORY OFFENSE (FELONY) Author: Tufte, Jerod E.
Highlight:The State’s accompanying statement filed with the notice of appeal must explain the relevance of the suppressed evidence and not merely paraphrase the statutory language. But the Court may consider the appeal if the facts clearly demonstrate the relevance of the suppressed evidence.
The scope of a driver’s consent to search a vehicle may or may not extend to all property in the vehicle. Whether a driver’s consent to search a vehicle extends to particular containers within the vehicle may depend on whether the container has identifying markings or characteristics indicating ownership by someone other than the driver.
The State has the burden to prove a person consented to a search. To sustain a finding of consent, the State must show affirmative conduct by the person alleged to have consented that is consistent with the giving of consent, rather than merely showing that the person took no affirmative actions to stop the police from searching.
State v. Gonzalez2024 ND 4 Docket No.: 20230133 Filing Date: 1/10/2024 Case Type: SEXUAL OFFENSE Author: McEvers, Lisa K. Fair
Highlight:The August 1, 2021 amendment to N.D.C.C. § 12.1-32-07(6) does not apply retroactively.
When an original sentence was entered prior to August 1, 2021, the pre-amendment version of N.D.C.C. § 12.1-32-07(6) limits a district court’s ability to resentence a defendant to no more than the previously imposed, but suspended, sentence.
The pre-amendment version of N.D.C.C. § 12.1-32-07(6) restrains a district court’s discretion to impose consecutive sentences, in cases where the original sentence was imposed before the statute was amended, and the suspended sentence was to run concurrently.
Yalartai v. Miller, et al.2024 ND 3 Docket No.: 20230159 Filing Date: 1/10/2024 Case Type: CHILD CUST & SUPPORT (Div.\Other) Author: Crothers, Daniel John
Highlight:An order issued without notice to the parties is not appealable under N.D.C.C. § 28-27-02(7). Relief from an order made without notice must first be sought in the district court.
Vetter v. Larson Latham Huettl2024 ND 2 Docket No.: 20230113 Filing Date: 1/10/2024 Case Type: CONTRACTS Author: Tufte, Jerod E.
Highlight:An appeal from a district court judgment entered after a bench trial on a claim for unpaid legal fees and counterclaim is affirmed, and remanded for consideration of attorney’s fees for this appeal.
“If the defendant elects to remove the action from small claims court to district court, the district court shall award attorney’s fees to a prevailing plaintiff.” N.D.C.C. § 27-08.1-04. A party removes a small claims matter to district court at her own peril.
After our decision in Johnson v. Menard, Inc., 2021 ND 19, 955 N.W.2d 27, N.D.C.C. § 27-08.1-04 was amended consistent with that decision to state: “If the defendant appeals a district court judgment to the supreme court, the supreme court shall award reasonable attorney’s fees to the prevailing appellee.”
Although we have concurrent jurisdiction to determine a reasonable award of attorney’s fees on appeal, we prefer the district court take evidence and make such findings in the first instance.
State v. A.J.H.2024 ND 1 Docket No.: 20230241 Filing Date: 1/10/2024 Case Type: MISC. STATUTORY OFFENSE (FELONY) Author: McEvers, Lisa K. Fair
Highlight:A district court order transferring the matter to juvenile court is not an order quashing an information providing the State the right to appeal.
