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State v. Fleck2022 ND 49 Docket No.: 20210160 Filing Date: 3/3/2022 Case Type: THEFT Author: Jensen, Jon J.
Highlight:Prosecution of a crime is authorized in any county where part of the offense occurred.
In reviewing the sufficiency of the evidence to convict, this Court on appeal looks only to the evidence most favorable to the verdict and the reasonable inferences therefrom to see if there is substantial evidence to warrant a conviction.
A conviction may be justified on circumstantial evidence alone if the circumstantial evidence has such probative force as to enable the trier of fact to find the defendant guilty beyond a reasonable doubt.
Interest of R.S.2022 ND 48 Docket No.: 20220039 Filing Date: 3/3/2022 Case Type: MENTAL HEALTH Author: Per Curiam
Highlight:A district court’s continuing treatment order is summarily affirmed under N.D.R.App.P. 35.1(a)(2).
State v. Lusby2022 ND 47 Docket No.: 20210266 Filing Date: 3/3/2022 Case Type: MISC. STATUTORY OFFENSE (FELONY) Author: Per Curiam
Highlight:A criminal judgment entered after a jury found the defendant guilty of criminal trespass is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7).
State v. McGinnis2022 ND 46 Docket No.: 20210216 Filing Date: 3/3/2022 Case Type: THEFT Author: Tufte, Jerod E.
Highlight:The pre-amendment version of N.D.C.C. § 12.1-32-07(6) unambiguously restrains a district court’s authority in probation revocation cases to imposition of the sentence initially imposed, but suspended.
When we reinterpreted N.D.C.C. § 12.1-32-07(6) in Dubois v. State, 2021 ND 153, 963 N.W.2d 543, to correct our prior misinterpretation of the statute, we were declaring what the statute has meant at all times before it was amended effective August 1, 2021.
When a defendant is resentenced after revocation of probation, the court imposes an illegal sentence if it resentences the defendant in excess of the suspended sentence imposed in the judgment of conviction.
Harty Insurance v. Holmes, et al.2022 ND 45 Docket No.: 20210205 Filing Date: 3/3/2022 Case Type: TORTS (NEGLIGENCE, LIAB., NUIS.) Author: Per Curiam
Highlight:A district court’s summary judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (6), and double costs and attorney’s fees are awarded under N.D.R.App.P. 38.
State v. Gaddie2022 ND 44 Docket No.: 20210187 Filing Date: 3/3/2022 Case Type: SEXUAL OFFENSE Author: McEvers, Lisa K. Fair
Highlight:The purpose of jury instructions is to correctly and adequately advise the jury of the applicable law. Jury instruction must not be misleading or confusing. A conviction will be reversed based on an erroneous jury instruction only if it relates to a central subject in the case and affects a defendant’s substantial rights.
When a defendant faces multiple counts of the same offense, the jury instructions must identify the act underlying each count and factually distinguish between the counts or instruct the jury to unanimously agree on the act for each offense.
The elements of a crime may require different mental states. The term “willfully,” as defined by N.D.C.C. § 12.1-02-02(1)(e), is not necessarily inconsistent with a crime requiring a specific intent.
Malloy, et al. v. Behrens2022 ND 43 Docket No.: 20210155 Filing Date: 3/3/2022 Case Type: CONTRACTS Author: VandeWalle, Gerald W.
Highlight:An appeal is not moot when the appellant fails to request a stay on an order directing the sale of homestead property if the property was sold to a party interested in the action and the sale is not yet final.
In proceedings to force the sale of homestead property to satisfy a judgment, there must be an execution levied upon the property at the time of the petition for an appraisal of the property.
