Mohammed v. State Docket No.: 20230399 Filing Date: 5/30/2024 Case Type: Appeal - Civil - 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. 3501(a)(2).
Ineffective assistance of counsel claims asserting a language barrier are findings of fact that will not be disturbed unless clearly erroneous.
State v. Scully Docket No.: 20240018 Filing Date: 5/30/2024 Case Type: Appeal - Criminal - Drugs/Contraband Author: Per Curiam
Highlight:A criminal judgment for conspiracy to possess with intent to manufacture or deliver methamphetamine and unlawful possession of drug paraphernalia is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4).
State v. Reller Docket No.: 20230393 Filing Date: 5/30/2024 Case Type: Appeal - Criminal - Sexual Offense Author: Per Curiam
Highlight:We summarily affirm the criminal judgment under N.D.R.App.P. 35.1(a)(2) and (7).
State v. Camperud Docket No.: 20230370 Filing Date: 5/30/2024 Case Type: Appeal - Criminal - Sexual Offense Author: Crothers, Daniel John
Highlight:The district court should impose the least severe sanction when determining the remedy for the State discovery violation. The level of appropriate sanction depends on the severity of the disclosure violation.
State v. Studhorse Docket No.: 20230247 Filing Date: 5/30/2024 Case Type: Appeal - Criminal - Sexual Offense Author: Tufte, Jerod E.
Highlight:A district court's discussion, impressing upon a witness that she had a duty to tell the truth, is not obvious error under N.D.R.Ev. 603. A comment on the defendant's post-arrest silence is an improper comment on the right to remain silent in violation of the Fifth and Fourteenth Amendments of the United States Constitution. But, the error is harmless if the State proves beyond a reasonable doubt that the comments did not contribute to the verdict and the error was harmless. A non-cognizable offense is created by a logical inconsistency, not a lack of specificity in jury instructions. A party waives an error when the party is given the opportunity to address it and intentionally relinquishes the opportunity. Proof beyond a reasonable doubt of a "sexual act" as defined by statute is not satisfied by inference based on one interpretation of a vague term. The count requires a showing of contact between the victim's vulva, not just the victim's "body," and the defendant's mouth. A conviction based on insufficient evidence implicates constitutional due process and clearly affects substantial rights and the fairness, reputation, and integrity of the court system. An obvious error occurs when a defendant is convicted on insufficient evidence. Under sufficiency of the evidence review, the uncorroborated testimony of a child may be sufficient to sustain a gross sexual imposition conviction. When the defendant is charged with multiple counts of the same offense, the State has the burden to prove the defendant committed each offense. Each element requires proof of a different fact or element to distinguish the act as a separate punishable act. If a defendant is convicted of multiple counts on the same facts, then the second conviction, even if it results in no greater sentence, is an impermissible punishment. An obvious error occurs when a defendant is convicted of the same crime in two counts.
Estate of Almer Docket No.: 20230365 Filing Date: 5/30/2024 Case Type: Appeal - Civil - Probate, Wills, Trusts Author: Crothers, Daniel John
Highlight:When interpreting a will the primary objective is to determine the testator's intent. Extrinsic evidence may be considered to resolve an ambiguity. A will is ambiguous if its language is susceptible to more than one reasonable interpretation.
A personal representative is a fiduciary who shall observe the standards of care applicable to trustees. A personal representative may be liable to interested persons for damage or loss resulting from breach of the personal representative's fiduciary duty to the same extent as a trustee of an express trust. Whether a personal representative breached a fiduciary duty is a question of fact.
A personal representative is entitled to receive reasonable attorney fees from an estate when he or she defends or prosecutes any proceeding in good faith, whether successful or not.
State v. Alinder Docket No.: 20230350 Filing Date: 5/30/2024 Case Type: Appeal - Criminal - Misc. Misdemeanor Author: Per Curiam
Highlight:A criminal judgment entered after a jury found the defendant guilty of aggravated reckless driving is summarily affirmed under N.D.R.App.P. 35.1(a)(3).
Meuchel v. MR Properties Docket No.: 20230211 Filing Date: 5/30/2024 Case Type: Appeal - Civil - Real Property Author: Bahr, Douglas Alan
Highlight:The district court has discretion, either upon a motion by a party or on its own, to strike an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter in a pleading. A court may consider a motion to strike at any time. Specific performance is an equitable remedy and equitable principles must be followed in its use. Though specific performance is an equitable action, it is available to enforce agreements even though the injured party may have a legal remedy for damages, because in many cases an action for damages would not afford adequate relief. To be specifically enforceable, a contract must be complete in itself at least with respect to its essential and material terms. The district court cannot supply an important omission or complete a defective contract for the purpose of specific performance.
State v. Doyle Docket No.: 20230292 Filing Date: 5/30/2024 Case Type: Appeal - Criminal - Homicide Author: Bahr, Douglas Alan
Highlight:A witness testifies as an expert when the witness's answers are rooted exclusively in the witness's expertise or is not a product of the witness's investigation but instead reflects the witness's specialized knowledge. Under Rule 16(a)(1)(F), N.D.R.Crim.P, expert witness summaries must describe the witness's opinions, the bases and reasons for those opinions, and the witness's qualifications. The State's failure to comply with Rule 16(a)(1)(F) may impede a defendant's ability to prepare the defendant's defense.
SCS Carbon Transport v. Hayen (cons. w/20230149, 162-172 & 174-176) Docket No.: 20230173 Filing Date: 5/30/2024 Case Type: Appeal - Civil - Oil, Gas and Minerals Author: Tufte, Jerod E.
Highlight:Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.
To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.
Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.
The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.
SCS Carbon Transport v. Waloch (cons. w/20230149, 162-173 & 175-176) Docket No.: 20230174 Filing Date: 5/30/2024 Case Type: Appeal - Civil - Oil, Gas and Minerals Author: Tufte, Jerod E.
Highlight:Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.
To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.
Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.
The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.
SCS Carbon Transport v. Waloch, et al. (cons. w/20230149, 162-174 & 20230176) Docket No.: 20230175 Filing Date: 5/30/2024 Case Type: Appeal - Civil - Oil, Gas and Minerals Author: Tufte, Jerod E.
Highlight:Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.
To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.
Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.
The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.
SCS Carbon Transport v. SPLJ (cons. w/20230149, 20230162-20230175) Docket No.: 20230176 Filing Date: 5/30/2024 Case Type: Appeal - Civil - Oil, Gas and Minerals Author: Tufte, Jerod E.
Highlight:Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.
To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.
Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.
The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.
SCS Carbon Transport v. Malloy, et al. (consol. w/ 20230162-20230176) Docket No.: 20230149 Filing Date: 5/30/2024 Case Type: Appeal - Civil - Oil, Gas and Minerals Author: Tufte, Jerod E.
Highlight:Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.
To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.
Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.
The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.
SCS Carbon Transport v. Erickson (consol w/ 20230149, 20230163-20230176) Docket No.: 20230162 Filing Date: 5/30/2024 Case Type: Appeal - Civil - Oil, Gas and Minerals Author: Tufte, Jerod E.
Highlight:Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.
To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.
Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.
The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.
SCS Carbon Transport v. Hoge (consol w/ 20230149, 20230162, 20230164-20230176) Docket No.: 20230163 Filing Date: 5/30/2024 Case Type: Appeal - Civil - Oil, Gas and Minerals Author: Tufte, Jerod E.
Highlight:Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.
To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.
Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.
The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.
SCS Carbon Transport v. Twardowski (cons. w/20230149, 162, 163 & 165-176) Docket No.: 20230164 Filing Date: 5/30/2024 Case Type: Appeal - Civil - Oil, Gas and Minerals Author: Tufte, Jerod E.
Highlight:Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.
To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.
Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.
The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.
SCS Carbon Transport v. BRH (cons. w/20230149, 162-164 & 166-176) Docket No.: 20230165 Filing Date: 5/30/2024 Case Type: Appeal - Civil - Oil, Gas and Minerals Author: Tufte, Jerod E.
Highlight:Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.
To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.
Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.
The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.
SCS Carbon Transport v. 8N2E Properties (cons. w/20230149, 162-165 & 167-176) Docket No.: 20230166 Filing Date: 5/30/2024 Case Type: Appeal - Civil - Oil, Gas and Minerals Author: Tufte, Jerod E.
Highlight:Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.
To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.
Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.
The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.
SCS Carbon Transport v. Kuetemeyer (cons. w/20230149, 162-166 & 168-176) Docket No.: 20230167 Filing Date: 5/30/2024 Case Type: Appeal - Civil - Oil, Gas and Minerals Author: Tufte, Jerod E.
Highlight:Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.
To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.
Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.
The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.
SCS Carbon Transport v. Hoge Farm (cons. w/20230149, 162-167 & 169-176) Docket No.: 20230168 Filing Date: 5/30/2024 Case Type: Appeal - Civil - Oil, Gas and Minerals Author: Tufte, Jerod E.
Highlight:Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.
To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.
Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.
The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.
SCS Carbon Transport v. Hoge (cons. w/20230149, 162-168 & 170-176) Docket No.: 20230169 Filing Date: 5/30/2024 Case Type: Appeal - Civil - Oil, Gas and Minerals Author: Tufte, Jerod E.
Highlight:Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.
To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.
Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.
The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.
SCS Carbon Transport v. Carrels (cons. w/20230149, 162-169 & 171-176) Docket No.: 20230170 Filing Date: 5/30/2024 Case Type: Appeal - Civil - Oil, Gas and Minerals Author: Tufte, Jerod E.
Highlight:Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.
To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.
Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.
The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.
SCS Carbon Transport v. Staroba, et al. (cons. w/20230149, 162-170 & 172-176) Docket No.: 20230171 Filing Date: 5/30/2024 Case Type: Appeal - Civil - Oil, Gas and Minerals Author: Tufte, Jerod E.
Highlight:Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.
To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.
Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.
The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.
SCS Carbon Transport v. Jordheim, et al. (cons. w/20230149, 162-171 & 173-176) Docket No.: 20230172 Filing Date: 5/30/2024 Case Type: Appeal - Civil - Oil, Gas and Minerals Author: Tufte, Jerod E.
Highlight:Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.
To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.
Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.
The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.
