New opinions: May 7 Thursday, May 7, 2020
The Supreme Court has issued 27 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: /supreme-court/opinions
Jacobs-Raak v. Raak, et al. 2020 ND 107 Highlight: Only judgments and decrees constituting a final judgment and specific orders enumerated by statute are appealable. |
State v. Wayland 2020 ND 106 Highlight: Although the reason for the continuance is absent from the record, under de novo review a district court did not violate the Appellant’s right to a speedy trial by continuing the trial to a later date. |
Albrecht v. Albrecht, et al. 2020 ND 105 Highlight: A motion to dismiss a complaint under N.D.R.Civ.P. 12(b)(6) tests the legal sufficiency of the statement of the claim presented in the complaint. |
Arnold, et al. v. Trident Resources, et al. 2020 ND 104 Highlight: A district court’s order imposing sanctions for contempt did not provide a sufficient record to review the appropriateness of the sanction. |
Decker v. WSI, et al. 2020 ND 103 Highlight: District court judgment affirming an administrative law judge’s decision denying further workers’ compensation benefits is summarily affirmed under N.D.R.App.P. 35.1(a)(5). |
Hewitt v. NDDOT 2020 ND 102 Highlight: Copies of official Department of Transportation records may be certified as correct by Department employees who are not acting in a director capacity. |
State v. Michel 2020 ND 101 Highlight: A district court’s response to a jury request for supplemental instructions is reviewed for an abuse of discretion. |
Dodge v. State 2020 ND 100 Highlight: Whether a defendant is competent to plead guilty is a finding of fact. |
New Freedom Center v. Job Service, et al. 2020 ND 99 Highlight: Judgment affirming Job Service North Dakota's allowance of unemployment benefits is summarily affirmed under N.D.R.App.P. 35.1(a)(5) and (7). |
Brossart, et al. v. Janke, et al. 2020 ND 98 Highlight: Under N.D.C.C. § 28-20.1-03(2), the clerk of district court is required to mail notice of the filing of a foreign judgment to the judgment debtor. |
State v. Kolstad 2020 ND 97 Highlight: The State may appeal from an order quashing an information or indictment. |
Rath v. Rath 2020 ND 96 Highlight: District court orders denying a motion for contempt and a request to reconsider are affirmed under N.D.R.App.P. 35.1 (a)(1) and (4). |
State v. Helmenstein 2020 ND 95 Highlight: Amended criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
State v. Darji 2020 ND 94 Highlight: A criminal judgment entered after a jury verdict is affirmed under N.D.R.App.P. 35.1(a)(3). |
C & K Consulting v. Ward County Board of Commissioners (consol w/ 20190313- 2020 ND 93 Highlight: The State’s motion to terminate a pretrial diversion agreement and resume prosecution must be made within one month after expiration of the period of suspension specified in the agreement. |
Schwindt v. Sorel 2020 ND 92 Highlight: Other factors may cause a horizontal gaze nystagmus test to be unreliable, including physiological causes for nystagmus, but those factors go to the weight of the evidence and not its admissibility. |
Kastet v. NDDOT 2020 ND 91 Highlight: A district court judgment reversing an administrative law judge’s order suspending driving privileges is reversed and remanded. |
WSI v. Avila, et al. 2020 ND 90 Highlight: A district court judgment affirming an administrative law judge's order, which determined an individual is entitled to both the scheduled and whole body impairment award, is reversed and remanded under N.D.C.C. § 28-32-46, because it is not in accordance with the law. |
Feltman, et al. v. Gaustad, et al. 2020 ND 89 Highlight: Elements of a legal malpractice claim are: 1) the existence of an attorney-client relationship, 2) a duty by the attorney to the client, 3) a breach of that duty by the attorney, and 4) damages to the client proximately caused by the breach of duty. |
State v. Burow 2020 ND 88 Highlight: Conviction of class C felony simple assault is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
State v. Dahl 2020 ND 87 Highlight: The State’s motion to terminate a pretrial diversion agreement and resume prosecution must be made within one month after expiration of the period of suspension specified in the agreement. |
Interest of A.T. 2020 ND 86 Highlight: An order terminating father’s parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
State v. Foster 2020 ND 85 Highlight: Questions requiring the defendant to give his opinion regarding the veracity and credibility of earlier witnesses is improper. |
Interest of F.M.G. 2020 ND 84 Highlight: A district court’s continuing treatment order is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
Shadow Industries, LLP v. Hoffman, et al. 2020 ND 83 Highlight: A district court erred in determining a lease was ambiguous with regard to when the term ended. A term in a lease is not ambiguous simply because it requires a future event or contingency. |
Interest of M.M. 2020 ND 82 Highlight: Judgment terminating father’s parental rights are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
Johnson v. City of Burlington 2020 ND 81 Highlight: This Court’s review of the appeal from the decision of a local governing body is very limited. A city’s denial of a variance application is not arbitrary, capricious, or unreasonable when the ordinances do not provide for a variance based on the evidence presented. |