New opinions: Nov. 20 Wednesday, November 20, 2019
The Supreme Court has issued 14 new opinions. Summaries of the non-per curiam opinions are below.
To see an opinion, click on the "View Opinion" button. Opinions will display in a printable format. Hyperlinks to all North Dakota opinions and rules cited in the 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
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State v. Maines 2019 ND 274 Highlight: A district court may extend an offenders’ sentence if the offender is found to be a habitual offender under N.D.C.C. § 12.1-32-09. Section 12.1-32-02(9), N.D.C.C., does not apply to an offender’s out of state felony convictions for purposes of determining if the offender is a habitual offender. Section 12.1-32-09, N.D.C.C., specifically refers to convictions in another state and defines a felony in another state as one that is punishable by a maximum term of imprisonment of five years or more, regardless of the actual punishment imposed. |
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State v. Legare 2019 ND 276 Highlight: An Alford plea does not preserve non-jurisdictional claims for appeal. |
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Krump-Wooton v. Krump 2019 ND 275 Highlight: A district court’s judgment denying a motion to modify parenting time and a motion to modify primary residential responsibility is affirmed. |
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Broten v. Carter, et al. 2019 ND 268 Highlight: The two year statute of limitations for malpractice claims begins to run when the client discovers his attorney’s negligence and suffers some damage. |
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State v. Job 2019 ND 278 Highlight: A district court did not abuse its discretion in denying a motion to withdraw a guilty plea. |
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Hughes v. Olheiser Masonry, et al. 2019 ND 273 Highlight: Delivery is not accomplished at the time of mailing the summons and complaint to the sheriff’s department under N.D.C.C. § 28-01-38. An attempt to commence an action is not the equivalent to commencement when the summons is not delivered to the sheriff within the statute of limitations. |