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Supreme Court opinions: Oct. 29 Friday, November 1, 2019

The Supreme Court has issued 17 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

Estate of Blikre 2019 ND 257
Docket No.: 20180162
Filing Date: 10/29/2019
Case Type: PROBATE - WILLS - TRUSTS
Author: Tufte, Jerod E.

Highlight: A holographic will is valid if the signature and material portions of the document are in the testator’s handwriting.

The law presumes a missing will has been revoked by the testator. To overcome the presumption, the party petitioning for the probate of a missing will must demonstrate, by a preponderance of the evidence, that the will existed at the time of the testator’s death, that the will was fraudulently destroyed in the lifetime of the testator, or that other evidence shows the testator did not intend to revoke the missing will.

Matter of Didier 2019 ND 263
Docket No.: 20190015
Filing Date: 10/29/2019
Case Type: CIVIL COMMIT OF SEXUAL PREDATOR
Author: McEvers, Lisa K. Fair

Highlight: A district court must find a sexually dangerous individual continues to have an inability to control his behavior. Past conduct is relevant and may be taken into account with present conduct to determine if an individual continues to have an inability to control his behavior. Inappropriate behavior not deemed actual misconduct requiring a formal sanction may be considered in determining an inability to control behavior. Conduct showing more than just a lack of progress, but a lack of participation, is sufficient to show an individual continues to have an inability to control his behavior.

State v. Grzadzieleski 2019 ND 254
Docket No.: 20190049
Filing Date: 10/29/2019
Case Type: DUI/DUS
Author: VandeWalle, Gerald W.

Highlight: The State may not appeal from an in limine order excluding evidence based on the physician-patient privilege under N.D.R.Ev. 503.

Supervisory writs are rarely issued and only to rectify errors and prevent injustice in extraordinary cases when no adequate alternative remedy exists.

State v. Vetter 2019 ND 262
Docket No.: 20190054
Filing Date: 10/29/2019
Case Type: MISC. STATUTORY OFFENSE (FELONY)
Author: Jensen, Jon J.

Highlight: Under N.D.R.Ev. 201(b)(2), a court may judicially notice a fact that is not subject to reasonable dispute because it can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.

Section 14-09-22, N.D.C.C., is not unconstitutionally vague.

Clarke v. Taylor 2019 ND 251
Docket No.: 20190070
Filing Date: 10/29/2019
Case Type: OTHER (Civil)
Author: Tufte, Jerod E.

Highlight: A district court’s domestic violence protection order is affirmed.

Interest of K.V. 2019 ND 255
Docket No.: 20190074
Filing Date: 10/29/2019
Case Type: JUVENILE LAW (Criminal)
Author: Crothers, Daniel John

Highlight: Juvenile court findings of delinquency for fleeing or attempting to elude a peace officer and reckless driving are not clearly erroneous and are affirmed. A juvenile court finding of delinquency for criminal trespass is reversed due to insufficient evidence.

State v. Baltrusch 2019 ND 259
Docket No.: 20190083
Filing Date: 10/29/2019
Case Type: MISC. STATUTORY OFF. (MISDEMEANOR)
Author: Tufte, Jerod E.

Highlight: To support a claim of insufficient evidence to support a conviction, the defendant bears the burden of showing the evidence, when viewed in the light most favorable to the verdict, reveals no reasonable inference of guilt.

The law of the case doctrine and the scope of the parties’ appeal define the parameters of the Supreme Court’s review.

There is no obvious error when a rule of law is not clearly established.

Fettig v. Fettig, et al. 2019 ND 261
Docket No.: 20190102
Filing Date: 10/29/2019
Case Type: REAL PROPERTY
Author: VandeWalle, Gerald W.

Highlight: Real property can be gifted to a minor if there is an intention by the donor to then and there give the property to the donee, coupled with an actual or constructive delivery of the property to the donee, and acceptance of the property by the donee.
The doctrine of res judicata does not bar claims to quiet title for different parcels of land, but collateral estoppel may bar the relitigation of issues previously litigated in prior quiet title actions.

Interest of J.B. 2019 ND 258
Docket No.: 20190111
Filing Date: 10/29/2019
Case Type: CIVIL COMMIT OF SEXUAL PREDATOR
Author: Jensen, Jon J.

Highlight: When a committed individual petitions for discharge from commitment as a sexually dangerous individual, the State must prove the individual remains a sexually dangerous individual by clear and convincing evidence.

The district court must find the committed individual has serious difficulty controlling his behavior to continue that person’s commitment as a sexually dangerous individual.

Huerd v. General Motors, LLC 2019 ND 249
Docket No.: 20190125
Filing Date: 10/29/2019
Case Type: OTHER (Civil)
Author: Per Curiam

Highlight: An action brought in small claims court is subject to the doctrine of res judicata. A small claims court’s judgment cannot be appealed in district court. Unless requested by a party, oral argument on a motion under N.D.R.Ct. 3.2 is not required.

State v. G.C.H. 2019 ND 256
Docket No.: 20190136
Filing Date: 10/29/2019
Case Type: DRUGS/CONTRABAND
Author: Crothers, Daniel John

Highlight: The question of law certified by a North Dakota district court is not answered because it is not dispositive of the case. The North Dakota Supreme Court exercises supervisory jurisdiction to reverse the district court’s order finding a 16 and 17 year old married person was not a “child” under N.D.C.C. § 27-20-02(4)(b) when the offenses allegedly were committed. Reversed and remanded with directions to vacate the judgment and dismiss the case for lack of subject matter jurisdiction.

Herman v. Herman, et al. 2019 ND 248
Docket No.: 20190150
Filing Date: 10/29/2019
Case Type: PROBATE - WILLS - TRUSTS
Author: Jensen, Jon J.

Highlight: N.D.C.C. § 59-10.1-03(1) requires receipt of the notice, proven through the presumption or otherwise, to begin the 120 day limitation period. The presumption under N.D.C.C. § 59-10.1-03(1) is rebuttable.

It was an abuse of discretion for a district court to deny time for additional discovery under N.D.R.Civ.P. 56(f) when the motion for summary judgment was filed within four days of the service of the complaint and the motion for summary judgment was resolved as the result of a material fact established through a presumption.

Rocky Mountain Steel Foundations. v. Brockett Company, et al. 2019 ND 252
Docket No.: 20190121
Filing Date: 10/29/2019
Case Type: OIL, GAS AND MINERALS
Author: VandeWalle, Gerald W.

Highlight: A lienholder who recovers in a suit upon a bond is entitled to recover a reasonable attorney’s fee for the proceedings before the district court and for a successful appeal.