City of Grand Forks v. Riemers Docket No.: 20230366 Filing Date: 6/6/2024 Case Type: Appeal - Criminal - Other Author: Tufte, Jerod E.
Highlight:After a case is transferred to district court, if a criminal information is filed it is by itself sufficient to initiate prosecution, and the district court does not lack jurisdiction if the information is not served on the defendant.
A city may prosecute disorderly conduct under its own ordinance when the ordinance does not supersede a state statute.
A party may not challenge an error in the jury instruction on appeal when the party waived the issue before the district court.
It is not necessary to state in an information the details of the acts which constitute the crime charged when the essential elements of the crime are set forth sufficiently to enable a person of common understanding to know what is meant or intended. One test of the sufficiency of an information is whether it will protect the accused against a subsequent prosecution for the same offense.
A defendant in a criminal jury trial must move for a judgment of acquittal to preserve the issue of the sufficiency of the evidence for appeal. This Court may decline to review a forfeited error when the appellant fails to argue the obvious error standard.
Ward, et al. v. Herbel, et al. Docket No.: 20230140 Filing Date: 6/6/2024 Case Type: Appeal - Civil - Real Property Author: Jensen, Jon J.
Highlight:The plain language of N.D.C.C. § 32-17-01 requires the existence of an adverse claim. If a person is not claiming an interest in the property and there are no competing adverse claims to adjudicate, there is no basis or statutory standing to sue under chapter 32-17.
This Court adopts the majority rule permitting an attorney representing himself to recover an award of attorney's fees for time and effort spent defending against a frivolous lawsuit.
State v. Jelinek Docket No.: 20230367 Filing Date: 6/6/2024 Case Type: Appeal - Criminal - Misc. Felony Author: Jensen, Jon J.
Highlight:A law enforcement officer's approach to a parked vehicle is not a seizure if the officer inquires of the occupant conversationally, does not order the person to do something, and does not demand a response.
A defendant's confession was sufficiently corroborated to permit corpus delicti to be shown through confession.
When a charge that requires prior conviction is dismissed, submission of prior convictions to a jury constitutes reversible error unless otherwise relevant to some disputed issue and allowed under Rule 404(b), N.D.R.Ev.
State v. Sargent (consolidated w/20230351) Docket No.: 20230353 Filing Date: 6/6/2024 Case Type: Appeal - Criminal - Misc. Felony Author: Bahr, Douglas Alan
Highlight:When a law enforcement officer observes a traffic violation the officer may initiate a traffic stop for an investigation.
An officer may extend a traffic stop if the officer has reasonable suspicion of criminal activity.
Probable cause for a driven vehicle extends to a towed vehicle.
State v. Sargent (consolidated w/20230353) Docket No.: 20230351 Filing Date: 6/6/2024 Case Type: Appeal - Criminal - Misc. Felony Author: Bahr, Douglas Alan
Highlight:When a law enforcement officer observes a traffic violation the officer may initiate a traffic stop for an investigation.
An officer may extend a traffic stop if the officer has reasonable suspicion of criminal activity.
Probable cause for a driven vehicle extends to a towed vehicle.
State v. Goodale Docket No.: 20230373 Filing Date: 6/6/2024 Case Type: Appeal - Criminal - Misc. Felony Author: Jensen, Jon J.
Highlight:The district court's use of "and" instead of "or," as indicated by statute, was an error and a misstatement of the law.
Jury instructions that increase the State's burden of proof, requiring them to prove both subsections (a) and (b) of N.D.C.C. § 12.1-03-01(1), is a harmless error as it is not prejudicial to the defendant.
A person can be charged with accomplice to extreme indifference murder based on their conduct surrounding an assault under circumstances manifesting extreme indifference, which ultimately results in death, even if the victim's death was unintentional and not contemplated by the accomplice.
An accomplice steps into the shoes of a principal for sentencing. If the principal crime charged is contemplated under N.D.C.C. § 12.1-32-09.1, an accomplice to the principal crime can be sentenced under N.D.C.C. § 12.1-32-09.1.
Idso v. Idso Docket No.: 20230387 Filing Date: 6/6/2024 Case Type: Appeal - Civil - Divorce - Property Author: Per Curiam
Highlight:An order of contempt of court is summarily affirmed under N.D.R.App.P.35.1(a)(2) and(8).
State v. Anderson Docket No.: 20230344 Filing Date: 6/6/2024 Case Type: Appeal - Criminal - Drugs/Contraband Author: Tufte, Jerod E.
Highlight:During a lawfully-initiated traffic stop, an officer can conduct activities related to traffic enforcement but not absolutely necessary to issuing a traffic ticket. When two officers are on scene and one is performing the mission of the traffic stop and the other is performing an investigation not related to the traffic stop, an unlawful seizure has not occurred, because the second officer's investigation is not delaying the stop.
This Court looks to the totality of the circumstances while applying an objective standard to determine whether reasonable suspicion exists to justify prolonging a traffic stop. Reasonable suspicion is not easily reduced to a methodical set of legal rules, but it does require more than a mere hunch.
Roth, et al. v. Meyer, et al. Docket No.: 20230310 Filing Date: 6/6/2024 Case Type: Appeal - Civil - Other Author: Crothers, Daniel John
Highlight:A claim of adverse possession must meet every element. For the continuous element, a party must hold the property for 20 years.
Summaries under N.D.R.Ev. 1006 require that supporting documents be admissible but need not be admitted. A summary usually is inadmissible if the supporting documents are inadmissible.
The court must find when conversion began to determine what property, if any, has been converted.
When calculating conversion damages, the court must follow N.D.C.C. § 32-0323. The damages must be based on the wronged party's damages and on market values if a market for the converted property exists.
The material terms of loans in aggregate greater than $25,000 must be in writing.
Kath v. Prochnow, et al. Docket No.: 20230406 Filing Date: 6/6/2024 Case Type: Appeal - Civil - Personal Injury Author: Crothers, Daniel John
Highlight:Where the proper remedy is an appeal, the North Dakota Supreme Court generally will not exercise its supervisory authority.
A petition to intervene initiates a special proceeding where the relief sought is permission to intervene in an action. District courts have the power to hear and determine all civil actions and proceedings. Post-judgment intervention may be allowed when an attempted intervener moves promptly after learning of the entry of judgment within the time for appeal.
Issues not decided by the district court are generally not ripe for resolution on appeal. The purpose of an appeal is to review the actions of the district court. Resolution of issues by the district court before appellate review contributes valuable input to the process and develops the record for effective review of the decision
State v. Massey Docket No.: 20230396 Filing Date: 6/6/2024 Case Type: Appeal - Criminal - Misc. Felony Author: Jensen, Jon J.
Highlight:When a defendant is charged with gross sexual imposition under N.D.C.C. § 12.1-2003(1)(a) requiring the State prove a defendant touched various parts of the victim's body in a manner constituting a sexual act does not specify a culpability level, the jury is then required to find the actions were willful.
Even if the State makes a "golden rule" argument when the issue has not been preserved for appeal, the defendant still must demonstrate the comments had a prejudicial effect to require reversal under obvious error.
