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New opinions: June 8 Thursday, June 9, 2022

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:

State v. Pulkrabek 2022 ND 128
Docket No.: 20210332
Filing Date: 6/8/2022
Author: Jensen, Jon J.

Highlight: When the defendant does not raise a public challenge to any of the violations he asserts on appeal, this Court concludes any potential error should be treated as a forfeited error, subject to a review as an obvious error under N.D.R.Crim.P. 52(b).

Closures of pretrial hearings implicate the public trial right.

When the district court makes no Waller findings, there is a violation of the Sixth Amendment right to a public trial constituting obvious error.

Given our case law strictly requiring analysis of the Waller factors, we must reverse for a new trial to ensure the fairness, integrity, and public reputation of the justice system.

State v. Thomas 2022 ND 126
Docket No.: 20210339
Filing Date: 6/8/2022
Case Type: THEFT
Author: VandeWalle, Gerald W.

Highlight: A district court has broad discretion in admitting or excluding evidence at trial.

In deciding whether to exclude evidence under N.D.R.Ev. 403, courts should give the evidence its maximum reasonable probative force and its minimum reasonable prejudicial value.

Failure to assert a claim of obvious error on appeal does not warrant review under the obvious error standard.

State v. Bradshaw 2022 ND 125
Docket No.: 20210306
Filing Date: 6/8/2022
Author: VandeWalle, Gerald W.

Highlight: An issue not properly preserved for appeal is limited to whether the alleged error constitutes obvious error affecting substantial rights.

A substantial right has not been denied unless the violation significantly prejudiced the defendant.

Defendant failed to show how he was significantly prejudiced by the late disclosure or admission of a redacted video.

Quamme v. Quamme 2022 ND 124
Docket No.: 20220034
Filing Date: 6/8/2022
Author: McEvers, Lisa K. Fair

Highlight: An appellate court’s jurisdiction generally attaches upon the filing of a notice of appeal and is not relinquished until the court issues its mandate.

An order or judgment entered by the district court without jurisdiction is void.

Interest of A.C. 2022 ND 123
Docket No.: 20220081
Filing Date: 6/8/2022
Author: Jensen, Jon J.

Highlight: While this Court defers to a tribe on its membership determinations, without consistent and clear factual findings supporting the application of ICWA and North Dakota heightened review for Indian families, this Court is unable to determine the father’s issues on appeal.

The Court retains jurisdiction and remands for the juvenile court to clarify its findings on ICWA and heightened state law and to hold additional evidentiary proceedings if necessary.

Lehnerz, et al. v. Christopher 2022 ND 122
Docket No.: 20210353
Filing Date: 6/8/2022
Case Type: OTHER (Civil)
Author: Crothers, Daniel John

Highlight: A disorderly conduct restraining order is reviewed for an abuse of discretion.

Disorderly conduct means intrusive or unwanted acts, words, or gestures that are intended to adversely affect the safety, security, or privacy of another person.

There are limits on free speech and not all speech is constitutionally protected.

State v. Frohlich 2022 ND 121
Docket No.: 20210303
Filing Date: 6/8/2022
Author: Per Curiam

Highlight: A criminal judgment entered after a jury found a defendant guilty of gross sexual imposition is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Tergesen 2022 ND 120
Docket No.: 20210309
Filing Date: 6/8/2022
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) and (4).

Blue Appaloosa v. NDIC 2022 ND 119
Docket No.: 20210292
Filing Date: 6/8/2022
Author: Tufte, Jerod E.

Highlight: The Industrial Commission’s jurisdiction does not depend solely on the filing of an application, but instead on the jurisdictional fact of intent. The Commission has the authority and duty to investigate potential violations of its regulations, including a failure to obtain a permit or file a bond.

The Commission has regularly pursued its authority, and its findings and conclusions that an operator began construction on a treating plant prior to obtaining a permit or filing a bond in violation of N.D. Admin. Code ch. 43-02-03 are sustained by the law and by substantial and credible evidence.

Larson v. WSI 2022 ND 118
Docket No.: 20210333
Filing Date: 6/8/2022
Author: VandeWalle, Gerald W.

Highlight: An appellant must satisfy statutory requirements for perfecting an appeal to the district court from an administrative agency decision for the court to have subject matter jurisdiction.

A petitioner for a writ of mandamus must show there is no plain, speedy, and adequate remedy and that they have a clear legal right to performance of the act sought to be compelled by the writ.

Under N.D.C.C. § 65-04-32(2), an employer is required to file a request for reconsideration of a Workforce Safety and Insurance notice of decision within the statutory time limit, and the time requirement is not extended by N.D.R.Civ.P. 6(e).

Interest of A.G. 2022 ND 0127
Docket No.: 20210345
Filing Date: 6/8/2022
Author: Per Curiam

Highlight: A juvenile court order finding two children to be in need of protection is summarily affirmed under N.D.R.App.P. 35.1(a)(2).