New Opinions: Nov. 24 Friday, November 24, 2023
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Pagel, et al. v. Weikum 2023 ND 224 Highlight: A district court order and judgment are reversed, and the case is remanded for entry of an order compelling arbitration. |
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State v. Curtis 2023 ND 223 Highlight: The standard of review for a criminal trial before the district court without a jury is the same as a trial with a jury. A criminal defendant bears the burden of showing the evidence reveals no reasonable inference of guilt when viewed in the light most favorable to the verdict. |
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State v. Geiger 2023 ND 222 Highlight: A defendant fails to preserve an issue relating to constitutionally protected activities for appeal when they failed to properly raise a constitutionally protected activity defense to the district court through a motion in limine and instead made only a N.D.R.Crim.P. 29 motion at trial without providing any legal basis for the claim. |
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State v. Richter 2023 ND 221 Highlight: Displaying a fictitious operator’s license is a punishable offense under N.D.C.C. § 39-06-40. |
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State v. Steele 2023 ND 220 Highlight: A person has a reasonable expectation of privacy in a closed, rented room. |
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Tracey v. Tracey 2023 ND 219 Highlight: A district court’s finding of domestic violence may be based on actual harm, or the infliction of fear of imminent harm. |
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Matter of Didier 2023 ND 218 Highlight: A district court must have sufficient factual findings to show a sexually dangerous individual continues to have an inability to control his behavior. Past conduct is relevant and may be considered with present conduct to determine whether an individual continues to have an inability to control his behavior. The district court’s findings, showing not just a lack of progress, but a lack of participation, are sufficient to show the individual continues to have an inability to control his behavior. |
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State v. Nelson 2023 ND 217 Highlight: An issue will not be addressed on appeal when an appellant fails to raise it in the district court or brief it under the obvious error standard of review. |
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Olson Family Limited Partnership v. Velva Parks 2023 ND 216 Highlight: A movant under N.D.R.Civ.P. 60(b) has the burden of establishing sufficient grounds for disturbing the finality of the judgment. A disregard of service of process does not constitute mistake, inadvertence, or excusable neglect. Bare assertions without credible facts or specific legal grounds do not give rise to an allegation of a meritorious defense. |
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Benter v. State 2023 ND 215 Highlight: Order denying a post-conviction relief application is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7). |
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Bravera Bank v. Craft, et al. 2023 ND 214 Highlight: When a district court’s order granting summary judgment is entered on a fully submitted motion without any request for oral argument, and the order fully resolves the pending claims, it may not be necessary for the court to specifically address the remaining motions. |
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State v. Brame 2023 ND 213 Highlight: Under N.D.R.Crim.P. 11, the district court may not accept a plea of guilty without first advising the defendant personally in open court of certain rights afforded to a criminal defendant. Although Rule 11 does not require any ritualistic, predetermined formality by the trial court, the court must substantially comply with the procedural requirements of the rule to ensure the defendant is entering a voluntary plea of guilty. |