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New opinions: Sept. 2 Thursday, September 2, 2021

The Supreme Court has issued three 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:

Manning v. Jaeger, et al. 2021 ND 162
Docket No.: 20200332
Filing Date: 9/2/2021
Case Type: OTHER (Civil)
Author: McEvers, Lisa K. Fair

Highlight: To intervene as a matter of right, a person must establish on timely motion that 1) the person has a cognizable interest in the subject matter of the litigation, 2) the interest may be impaired as a result of the litigation, and 3) the interest is not adequately represented by an existing party to the litigation.

Exercise of supervisory jurisdiction is purely discretionary and decided on a case-by-case basis, considering the unique circumstances of each case.

State v. Johnson 2021 ND 161
Docket No.: 20200252
Filing Date: 9/2/2021
Author: Jensen, Jon J.

Highlight: A conviction rests upon insufficient evidence only when no rational fact finder could have found the defendant guilty beyond a reasonable doubt after viewing the evidence in a light most favorable to the prosecution and giving the prosecution the benefit of all inferences reasonably to be drawn in its favor.

To convict for terrorizing, the State must prove that the defendant intended to cause another person to fear for his or another person’s safety or acted with reckless disregard of the risk of causing such fear and that the defendant made a threat to commit a crime of violence or act dangerous to human life.

Hartman, et al. v. Grager 2021 ND 160
Docket No.: 20200205
Filing Date: 9/2/2021
Case Type: OTHER (Civil)
Author: Jensen, Jon J.

Highlight: Before a court may set aside a transaction on the ground of mental incapacity, the party attacking the validity of the transaction has the burden to prove the grantor, at the time of the transaction, was so weak mentally as not to be able to comprehend and understand the nature and effect of the transaction.

An agreement for the sale of real property must show who the contracting parties are, intelligently identify the subject matter involved, express the consideration, and disclose the terms and conditions upon which the contract is entered into. All things that in law or usage are considered as incidental to a contract or as necessary to carry it into effect are implied therefrom, unless some of them are mentioned expressly therein.

A valid inter vivos gift requires: (1) an intention by the donor to then and there give the property to the donee, coupled with an actual or constructive (2) delivery of the property to the donee, and (3) acceptance of the property by the donee.

In an action for specific performance, a purchaser may recover damages from a seller for delay in conveying real property. The detriment caused by the wrongful occupation of real property is deemed to be the value of the use of the property for the time of occupation, which can be shown by either identifying the fruits of the illegal possession, or through fair rental value of the property.