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Bridges v. State2022 ND 147 Docket No.: 20220077 Filing Date: 7/21/2022 Case Type: POST-CONVICTION RELIEF Author: McEvers, Lisa K. Fair
Highlight:A district court may summarily dispose of an application for postconviction relief if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.
On an application for postconviction relief from a guilty plea claiming an exception to the statute of limitations under N.D.C.C. § 29-32.1-01(3) based on newly discovered evidence, the district court should consider whether the evidence was discovered after the guilty plea, whether the failure to learn about the evidence before the plea was not the result of the defendant’s lack of diligence, and whether the newly discovered evidence is material to what would have been the issues at trial. The court should also determine whether, if proved and reviewed in light of the evidence as a whole, the newly discovered evidence would establish that the petitioner did not engage in the criminal conduct for which the petitioner was convicted.
An application for postconviction relief asserting a new interpretation of law must establish the interpretation is retroactively applicable and must be filed within two years of the date the decision announcing the new interpretation is published.
Disciplinary Board v. Baird2022 ND 146 Docket No.: 20210239 Filing Date: 7/21/2022 Case Type: DISCIPLINARY PROCEEDINGS (Civil) Author: Per Curiam
Highlight:A lawyer violates N.D.R. Prof. Conduct 1.3 by failing to act with reasonable diligence and promptness.
A lawyer violates N.D.R. Prof. Conduct 1.4 by failing to reasonably communicate with a client regarding their case.
A lawyer violates N.D.R. Prof. Conduct 1.16 by failing to take reasonable steps to protect a client’s interests.
Disbarment is an appropriate sanction when a lawyer causes serious or potentially serious injury to a client.
Lovro v. City of Finley2022 ND 145 Docket No.: 20210300 Filing Date: 7/21/2022 Case Type: OTHER (Civil) Author: VandeWalle, Gerald W.
Highlight:A party may not merely recite conclusory general allegations that additional discovery is needed.
A political subdivision may not be held liable for claims based on the decision to perform or the refusal to exercise or perform a discretionary function or duty.
State v. Anderson2022 ND 144 Docket No.: 20210363 Filing Date: 7/21/2022 Case Type: SEXUAL OFFENSE Author: VandeWalle, Gerald W.
Highlight:An issue must be ripe for review for the court to adjudicate it, and an issue is not ripe for review if it depends on future contingencies which may or may not occur.
State v. Greff2022 ND 143 Docket No.: 20220059 Filing Date: 7/21/2022 Case Type: THEFT Author: Per Curiam
Highlight:A district court’s restitution order is summarily affirmed under N.D.R.App.P. 35.1(a)(2).
State v. Koon2022 ND 142 Docket No.: 20220018 Filing Date: 7/21/2022 Case Type: MISC. STATUTORY OFFENSE (FELONY) Author: Per Curiam
Highlight:A criminal judgment entered after a jury found the defendant guilty of reckless endangerment and unlawful possession of a firearm is summarily affirmed under N.D.R.App.P. 35.1(a)(3).
Interest of Skorick2022 ND 141 Docket No.: 20210349 Filing Date: 7/21/2022 Case Type: CIVIL COMMIT OF SEXUAL PREDATOR Author: McEvers, Lisa K. Fair
Highlight:To determine whether an individual has serious difficulty in controlling behavior, all relevant conduct may be considered.
Both conduct in proximity to the hearing as well as past conduct is relevant in determining serious difficulty controlling behavior, and the conduct need not be sexual in nature.
Allery v. Whitebull2022 ND 140 Docket No.: 20210316 Filing Date: 7/21/2022 Case Type: CHILD CUST & SUPPORT (Div.\Other) Author: McEvers, Lisa K. Fair
Highlight:Greater liberty should be used when considering an N.D.R.Civ.P. 60(b) motion for relief from a judgment when the matter involves a default judgment rather than a judgment on the merits.
A motion under N.D.R.Civ.P. 60(b) should not be used to relieve a party from free, calculated, and deliberate choices. A party is obligated to take legal steps to protect his or her interests.
Courts should grant an N.D.R.Civ.P. 60(b) motion to set aside a default judgment when it is prompt and contains an answer disclosing a meritorious defense.
Norberg v. Norberg, et al.2022 ND 139 Docket No.: 20220064 Filing Date: 7/21/2022 Case Type: CHILD CUST & SUPPORT (Div.\Other) Author: VandeWalle, Gerald W.
Highlight:When the district court fails to adequately explain the legal basis for its decision, appellate review of the decision is not possible and remand is appropriate.
