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Froistad v. State2021 ND 92 Docket No.: 20200274 Filing Date: 5/20/2021 Case Type: POST-CONVICTION RELIEF Author: Tufte, Jerod E.
Highlight:When a motion following conviction is denominated as a motion under the North Dakota Rules of Criminal Procedure, the provisions of the Uniform Postconviction Procedure Act, N.D.C.C. ch. 29-32.1, are applicable.
Under N.D.C.C. § 29-32.1-12, an application for postconviction relief may be denied on the ground that the same claim or claims were fully and finally determined in a previous proceeding, or when the applicant presents a claim for relief which the applicant inexcusably failed to raise either in a proceeding leading to judgment of conviction and sentence or in a previous postconviction proceeding.
Lyons v. State2021 ND 91 Docket No.: 20200333 Filing Date: 5/20/2021 Case Type: POST-CONVICTION RELIEF Author: Per Curiam
Highlight:A district court order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).
Interest of J.B.2021 ND 90 Docket No.: 20200238 Filing Date: 5/20/2021 Case Type: CIVIL COMMIT OF SEXUAL PREDATOR Author: Tufte, Jerod E.
Highlight:The condition that the court may order community placement only when the executive director files a petition requesting it satisfies procedural due process and does not violate the separation of powers doctrine.
State v. Louser, et al.2021 ND 89 Docket No.: 20200322 Filing Date: 5/20/2021 Case Type: WRIT OF SUPERVISION (Crim.) Author: VandeWalle, Gerald W.
Highlight:A district court’s role to approve or reject amendments to criminal charges does not violate the separation of powers doctrine.
A district court did not abuse its discretion when it denied a motion to amend a criminal charge and rejected a plea agreement. The court followed the legislative directive, explained why the State negotiated the agreement, and explained the court’s reasons for rejecting it.
Kruger, et al. v. Goossen2021 ND 88 Docket No.: 20200287 Filing Date: 5/20/2021 Case Type: OTHER (Civil) Author: Tufte, Jerod E.
Highlight:A district court’s findings of fact after a bench trial are presumptively correct and will not be reversed on appeal unless they are clearly erroneous.
State v. Riggin2021 ND 87 Docket No.: 20200293 Filing Date: 5/20/2021 Case Type: INFRACTION (CRIMINAL) Author: Jensen, Jon J.
Highlight:Upon the declaration of a state of emergency, the North Dakota Disaster Act of 1985 vests with the governor emergency management powers.
The Legislature may delegate powers which are not exclusively legislative and which the Legislature cannot conveniently do because of the detailed nature.
Where a party fails to provide supporting argument for an issue listed in the appellate brief, the party is deemed to have waived that issue.
Highlight:The following royalty provision in an oil and gas lease unambiguously establishes a royalty valuation point at the well:
Lessee covenants and agrees:
To deliver to the credit of the lessor, free of cost, in the pipeline to which lessee may connect wells on said land, the equal [fractional] part of all oil produced and saved from the leased premises.
Pemberton v. State2021 ND 85 Docket No.: 20200181 Filing Date: 5/20/2021 Case Type: POST-CONVICTION RELIEF Author: Tufte, Jerod E.
Highlight:To be convicted of attempted murder, the accused must have an intent to kill. Attempted “knowing” murder under N.D.C.C. §§ 12.1-06-01 and 12.1-16-01(1)(a) is a non-cognizable offense.
A federal constitutional error is harmless if we are convinced the error did not contribute to the verdict.
Our determination of whether an error is harmless looks at the effect of the error on this jury, rather than speculating whether a hypothetical jury would convict the defendant absent the error. An erroneous jury instruction informing the jury that it could convict a defendant of a non-cognizable offense would not be cured by an appellate court’s determination that the record evidence unmistakably established guilt of a cognizable offense.