Opinions

Pagel, et al. v. Weikum 2023 ND 224
Docket No.: 20230156
Filing Date: 11/24/2023
Case Type: CONTRACTS
Author: Tufte, Jerod E.

Highlight: A district court order and judgment are reversed, and the case is remanded for entry of an order compelling arbitration. 

In construing arbitration clauses, courts have categorized arbitration clauses as either broad or narrow. A broad arbitration provision covers all disputes arising out of a contract to arbitrate; a narrow provision limits arbitration to specific types of disputes.

If the arbitration clause is broad in scope, the court will defer to arbitration on any issues that touch on contract rights or contract performance. 

State v. Curtis 2023 ND 223
Docket No.: 20230182
Filing Date: 11/24/2023
Case Type: MISC. STATUTORY OFFENSE (FELONY)
Author: McEvers, Lisa K. Fair

Highlight: The standard of review for a criminal trial before the district court without a jury is the same as a trial with a jury. A criminal defendant bears the burden of showing the evidence reveals no reasonable inference of guilt when viewed in the light most favorable to the verdict.

When the sufficiency of evidence to support a criminal conviction is challenged, this Court will not reweigh conflicting evidence or judge the credibility of the witnesses. This Court merely reviews the record to determine if there is competent evidence allowing the jury to draw an inference reasonably tending to prove guilt and fairly warranting a conviction.

Where a claim of insufficient evidence is preserved for appeal, related issues of statutory interpretation are also preserved for appeal.

Legislative history of a statute will not be considered without a showing that the statute is ambiguous.

State v. Geiger 2023 ND 222
Docket No.: 20230146
Filing Date: 11/24/2023
Case Type: OTHER (Crim.)
Author: Jensen, Jon J.

Highlight: A defendant fails to preserve an issue relating to constitutionally protected activities for appeal when they failed to properly raise a constitutionally protected activity defense to the district court through a motion in limine and instead made only a N.D.R.Crim.P. 29 motion at trial without providing any legal basis for the claim.

State v. Richter 2023 ND 221
Docket No.: 20230124
Filing Date: 11/24/2023
Case Type: MISC. STATUTORY OFF. (MISDEMEANOR)
Author: Crothers, Daniel John

Highlight: Displaying a fictitious operator’s license is a punishable offense under N.D.C.C. § 39-06-40.

State v. Steele 2023 ND 220
Docket No.: 20230064
Filing Date: 11/24/2023
Case Type: DRUGS/CONTRABAND
Author: Bahr, Douglas Alan

Highlight: A person has a reasonable expectation of privacy in a closed, rented room.

A home owner does not have common authority to consent to a search of a rented room in their home.

A reasonable officer would not believe a homeowner could consent to the search of a closed, rented room in their home.

Tracey v. Tracey 2023 ND 219
Docket No.: 20230155
Filing Date: 11/24/2023
Case Type: OTHER (Civil)
Author: McEvers, Lisa K. Fair

Highlight: A district court’s finding of domestic violence may be based on actual harm, or the infliction of fear of imminent harm.

When a petition for a domestic violence protection order is based on the infliction of fear of imminent harm, the petitioner must show a fear of actual or imminent physical harm, bodily injury, or assault.

A district court must make factual findings sufficient to understand the basis for its decision.

Matter of Didier 2023 ND 218
Docket No.: 20230118
Filing Date: 11/24/2023
Case Type: CIVIL COMMIT OF SEXUAL PREDATOR
Author: Tufte, Jerod E.

Highlight: A district court must have sufficient factual findings to show a sexually dangerous individual continues to have an inability to control his behavior. Past conduct is relevant and may be considered with present conduct to determine whether an individual continues to have an inability to control his behavior. The district court’s findings, showing not just a lack of progress, but a lack of participation, are sufficient to show the individual continues to have an inability to control his behavior.

State v. Nelson 2023 ND 217
Docket No.: 20230038
Filing Date: 11/24/2023
Case Type: THEFT
Author: Crothers, Daniel John

Highlight: An issue will not be addressed on appeal when an appellant fails to raise it in the district court or brief it under the obvious error standard of review.

The standard for reviewing the sufficiency of evidence is the same for both a bench trial and a jury trial. A conviction will not be set aside if competent evidence allows the trier of fact to draw an inference reasonably tending to prove guilt and fairly warranting a conviction.

Olson Family Limited Partnership v. Velva Parks 2023 ND 216
Docket No.: 20230108
Filing Date: 11/24/2023
Case Type: REAL PROPERTY
Author: McEvers, Lisa K. Fair

Highlight: A movant under N.D.R.Civ.P. 60(b) has the burden of establishing sufficient grounds for disturbing the finality of the judgment. A disregard of service of process does not constitute mistake, inadvertence, or excusable neglect. Bare assertions without credible facts or specific legal grounds do not give rise to an allegation of a meritorious defense.

Benter v. State 2023 ND 215
Docket No.: 20230202
Filing Date: 11/24/2023
Case Type: POST-CONVICTION RELIEF
Author: Per Curiam

Highlight: Order denying a post-conviction relief application is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).