New Opinions: Oct. 11 Wednesday, October 11, 2023
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State v. Whitetail 2023 ND 196 Highlight: Under N.D.R.Crim.P. 29(a), the district court must enter judgment of acquittal upon a defendant’s motion if the evidence presented at trial is insufficient to sustain a conviction. When the sufficiency of evidence to support a criminal conviction is challenged on appeal, the record is reviewed to determine if there is competent evidence allowing the jury to draw an inference reasonably tending to prove guilt and fairly warranting a conviction. The 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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Hillestad v. Small 2023 ND 195 Highlight: There is no presumption in North Dakota law for or against equal residential responsibility. |
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Interest of C.K. 2023 ND 194 Highlight: Order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
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State v. Harris 2023 ND 193 Highlight: The district court order denying a defendant’s motion to suppress is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7). |
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State v. Hatzenbuehler 2023 ND 192 Highlight: The sentencing factors set forth in N.D.C.C. § 12.1-32-04 apply in revocation proceedings. Although entitled to consideration, the sentencing factors do not control the district court’s discretion, are not an exclusive list of all a court may consider, and need not be explicitly referenced in fixing a criminal sentence. |
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Albertson v. Albertson 2023 ND 191 Highlight: A district court must specially state facts when granting a disorderly conduct restraining order, which allow a reviewing court to understand the basis of the decision. |