New opinions: June 29 Monday, June 29, 2020
The Supreme Court has issued 21 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: /supreme-court/opinions
State v. Harstad 2020 ND 151 Highlight: A district court abused its discretion awarding restitution for damages that were not directly related to the criminal conduct. |
Zundel v. Zundel, et al. 2020 ND 150 Highlight: A district court judgment finding a bill of transfer is void as a result of undue influence is not clearly erroneous. |
State v. Kuntz 2020 ND 149 Highlight: A district court’s order for restitution is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
Wisnewski v. Wisnewski 2020 ND 148 |
Lavallie v. Jay, et al. 2020 ND 147 Highlight: Issues related to subject matter jurisdiction can be raised at any time and cannot be waived. |
Grove v. NDDOT 2020 ND 146 Highlight: When a party fails to raise an issue at an administrative hearing, the issue is normally precluded from review on appeal. We will reverse a district court’s decision when the basis of the decision was not raised in the administrative hearing. |
Nat'l Parks Conservation Assn., et al. v. ND Dep't of Environmental Quality, et 2020 ND 145 Highlight: An agency’s reasonable interpretation of a regulation is entitled to deference, and an agency’s decision in complex or technical matters involving agency expertise is entitled to appreciable deference. |
State v. Pouliot 2020 ND 144 Highlight: The 2019 amendment to N.D.C.C. § 39-20-01(3)(b) limits the scope of the exclusion of evidence “to proof of refusals” in an “administrative proceeding.” |
Franciere v City of Mandan 2020 ND 143 Highlight: A judgment granting dismissal based on lack of personal jurisdiction due to insufficient service is modified to dismiss without prejudice, and affirmed as modified. |
Truelove v. State 2020 ND 142 Highlight: A district court’s order denying an application for post-conviction relief after finding that counsel’s representation was not ineffective was not clearly erroneous. |
Kalmio v. State 2020 ND 141 Highlight: Orders denying postconviction relief and a motion to reconsider are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
Dale Exploration, et al. v. Hiepler, et al. 2020 ND 140 Highlight: Under the law of the case doctrine, a party cannot relitigate issues on a second appeal which were resolved in the first appeal or which would have been resolved if they had been properly presented in the first appeal. |
State v. Blake 2020 ND 139 Highlight: A criminal judgment entered after a jury verdict is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
Poole v. State 2020 ND 138 Highlight: A district court’s order dismissing an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
Stoneart OFS LLC, et al. v. WSI 2020 ND 137 Highlight: A district court judgment affirming an administrative law judge’s order is summarily affirmed under N.D.R.App.P. 35.1(a)(5). |
State v. James 2020 ND 136 Highlight: The deprivation of the right to counsel is a structural error. This Court reviews an alleged denial of a defendant’s right to counsel de novo. |
Oien v. State 2020 ND 134 Highlight: The denial of a defendant’s application for post-conviction relief for misuse of process is affirmed pursuant to N.D.R.App.P. 35.1(a)(2) and (7). |
State v. Bethancorth 2020 ND 133 Highlight: A criminal judgment for criminal trespass entered after a jury verdict is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
Kremer v. State 2020 ND 132 Highlight: To establish prejudice under Strickland in a plea bargain situation, the petitioner must allege facts that, if proven, would support a conclusion that rejection of the plea bargain would have been rational because valid defenses existed, a suppression motion could have undermined the prosecution’s case, or there was a realistic potential for a lower sentence. A defendant’s subjective, self-serving statement that, with competent advice, he would have insisted on going to trial is insufficient to establish prejudice under Strickland in a plea bargain situation. |
Avery v. Boysen 2020 ND 131 Highlight: A party seeking relief in motions for reconsideration and for new trial has the burden to affirmatively establish the district court abused its discretion denying the motions. |
Brown v. Brown 2020 ND 135 Highlight: A “full hearing” under N.D.C.C. § 14-07.1-02(4) requires a petitioner to prove his or her petition through testimony, rather than affidavits alone. |