New Opinions September 12thThursday, September 12, 2024
State v. Rolland Docket No.: 20230313 Filing Date: 9/12/2024 Case Type: Appeal - Criminal - Sexual Offense Author: Crothers, Daniel John
Highlight:Due process prohibits the criminal prosecution of a defendant who is not competent to stand trial. A defendant is incompetent when he lacks (1) sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding or (2) a rational as well as factual understanding of the proceedings against him. The prosecution must show by a preponderance of evidence that a defendant is competent to stand trial.
The fifteen day deadline for a mental health examination under N.D.C.C. § 12.1-04-07 does not begin until receipt of material necessary to examine the fitness of the individual and notice of entry of the order served upon the tier 1a mental health professional.
When factual issues are involved in deciding a pretrial motion in a criminal case, the district court must state its essential findings on the record. A decision cannot be properly reviewed if the district court fails to make adequate findings explaining the basis for its ultimate conclusion.
Senske Rentals v. City of Grand Forks Docket No.: 20230397 Filing Date: 9/12/2024 Case Type: Appeal - Civil - Administrative Proceeding Author: Tufte, Jerod E.
Highlight:The statutes granting cities the power to make special assessments must be strictly construed, and the conditions imposed must be specifically observed and performed.
Section 40-23-07, N.D.C.C., requires a determination of special benefits to each lot. This determination of special benefits must be independent of and without consideration of the improvement project cost in order to satisfy the statutory requirement that the assessment against each lot is "not exceeding the benefits."
We have approved the use of formulas by special assessment commissions to determine the "just proportion" of assessment to each lot and as a factor in determining the amount of benefit received by each lot.
We overrule Holter v. City of Mandan, 2020 ND 152, 946 N.W.2d 524, because it misinterpreted N.D.C.C. § 40-23-07 to the extent it held the statute permitted use of the same formula to determine both the benefit received by a lot and the assessment of costs to that lot.
Mitzel, et al. v. Vogel Law Firm, et al. Docket No.: 20230372 Filing Date: 9/12/2024 Case Type: Appeal - Civil - Malpractice Author: Bahr, Douglas Alan
Highlight:The elements of a legal malpractice action against an attorney for professional negligence 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 that duty.
When it is alleged that an attorney negligently failed to perform some act on behalf of the client, the plaintiff must allege and prove performance of the act would have benefitted the client.
In a legal malpractice action, the plaintiff has the burden to show damages proximately caused by the breach of the duty owed to the plaintiff. The amount of the damages does not require proof to a degree of mathematical precision; however, the jury must have some factual basis for fixing damages.
Interest of W.C.M. Docket No.: 20240213 Filing Date: 9/12/2024 Case Type: Appeal - Civil - Mental Health Author: Per Curiam
Highlight:A district court order requiring continued hospitalization is summarily affirmed under N.D.R.App.P 35.1(a)(2).
State v. Littlebird Docket No.: 20240050 Filing Date: 9/12/2024 Case Type: Appeal - Criminal - Assault Author: Per Curiam
Highlight:A criminal judgment entered after a jury found the defendant guilty of aggravated assault is summarily affirmed under N.D.R.App.P. 35.1(a)(2).
