Opinions

Stevenson v. Biffert 2020 ND 42
Docket No.: 20190106
Filing Date: 2/12/2020
Case Type: CHILD CUST & SUPPORT (Div.\Other)
Author: Tufte, Jerod E.

Highlight: This Court does not reweigh the evidence or reassess the credibility of witnesses in a primary residential responsibility case.

A district court acquires subject matter jurisdiction over an issue when the particular issue to be decided is properly brought before the court.

Issues not raised in the pleadings may be tried by the parties’ express or implied consent.

State v. Gratton 2020 ND 41
Docket No.: 20190167
Filing Date: 2/12/2020
Case Type: THEFT
Author: McEvers, Lisa K. Fair

Highlight: Having a marital property interest in a vehicle does not prevent an individual from being prosecuted for theft of the vehicle. A district court’s authority to weigh evidence and assess credibility of witnesses at a preliminary hearing is limited.

Vetter v. Vetter 2020 ND 40
Docket No.: 20190151
Filing Date: 2/12/2020
Case Type: CHILD CUST & SUPPORT (Div.\Other)
Author: VandeWalle, Gerald W.

Highlight: A district court’s award of primary residential responsibility of minor child to mother after she had been convicted of child abuse was not clearly erroneous.
District court did not err in requiring an equalization payment be made after dividing marital property in long-term marriage.

Ouradnik v. N.D. Dep't of Transportation 2020 ND 39
Docket No.: 20190293
Filing Date: 2/12/2020
Case Type: TRANSPORTATION DEPT.
Author: Jensen, Jon J.

Highlight: The district court erred by reversing the administrative hearing officer’s decision based on an issue that was not preserved for review.

The NDDOT can established the authenticity of the Report and Notice Form and the Intoxilyzer Test Record and Checklist with testimony.

State v. Sah 2020 ND 38
Docket No.: 20190173
Filing Date: 2/12/2020
Case Type: SEXUAL OFFENSE
Author: McEvers, Lisa K. Fair

Highlight: If a defendant moves for a new trial, the defendant is limited on appeal to the grounds presented to the district court in the motion. If the defendant does not preserve an issue for appeal, and does not argue obvious error this Court may decline to review the issue for obvious error.

City of West Fargo v. Ekstrom 2020 ND 37
Docket No.: 20190079
Filing Date: 2/12/2020
Case Type: DUI/DUS
Author: McEvers, Lisa K. Fair

Highlight: A mistrial that is declared with the defendant’s consent, such as when the defendant moves for a mistrial without having been goaded into doing so by misconduct attributable to the prosecutor, generally does not bar a later prosecution.

A fact used to enhance a criminal sentence beyond the statutory maximum for the crime committed must be decided by a jury beyond a reasonable doubt. Any fact leading to the imposition of a mandatory minimum sentence must also be found by a jury beyond a reasonable doubt.

Carlson v. Carlson 2020 ND 36
Docket No.: 20190187
Filing Date: 2/12/2020
Case Type: CHILD CUST & SUPPORT (Div.\Other)
Author: VandeWalle, Gerald W.

Highlight: Section 14-09-06.2(1)(j), N.D.C.C., creates a rebuttable presumption against awarding custody of a child to a perpetrator of domestic violence if certain criteria is met.
If competent evidence of domestic violence does not trigger the statutory presumption, the violence must be considered as one factor in deciding primary residential responsibility.
A district court’s findings and conclusions regarding the presumption should be sufficiently detailed to allow this Court to understand the basis for its decision.

Reese v. Reese-Young 2020 ND 35
Docket No.: 20190202
Filing Date: 2/12/2020
Case Type: REAL PROPERTY
Author: VandeWalle, Gerald W.

Highlight: The law in North Dakota is expressed by various sources, including statutes and common law, and the common law applies when it does not conflict with statutory law.
Under the common law open mines doctrine, the owner of a life estate in minerals is entitled to the royalties and other payments under an oil and gas lease when a well was producing under the lease at the time of the creation of the life estate and the instrument creating the life estate did not exclude application of the doctrine.

State v. Lyon 2020 ND 34
Docket No.: 20190164
Filing Date: 2/12/2020
Case Type: HOMICIDE
Author: VandeWalle, Gerald W.

Highlight: Issues which are beyond the scope of a remand in a prior appeal will not be addressed in a subsequent appeal after remand.
Under the law of the case doctrine, a party cannot on a second appeal relitigate issues which were resolved by the court in a first appeal or which would have been resolved had they been properly presented in the first appeal.
Appellate review of a sentencing court’s decision is confined to whether the sentencing court acted within the limits prescribed by statute or substantially relied on an impermissible factor.

State v. Pagenkopf 2020 ND 33
Docket No.: 20190215
Filing Date: 2/12/2020
Case Type: MISC. STATUTORY OFFENSE (FELONY)
Author: VandeWalle, Gerald W.

Highlight: A district court has wide discretion in setting the amount of restitution, and the district court does not abuse its discretion by awarding restitution that is within the range of reasonableness.

Article I, §25, N.D. Const., does not require restitution beyond what is necessary to make the victim whole.