Opinions

Estate of Finstrom 2020 ND 227
Docket No.: 20190360
Filing Date: 10/26/2020
Case Type: PROBATE - WILLS - TRUSTS
Author: Crothers, Daniel John

Highlight: Undue influence is improper influence exercised over a grantor in such a way and to such an extent as to destroy his or her voluntary action by substituting for his will the will of another.
The essential element in recovering under the doctrine of unjust enrichment is the receipt of a benefit by the defendant from the plaintiff which would be inequitable to retain without paying for its value.
Res judicata prevents relitigation of claims that were raised, or could have been raised, in prior actions between the same parties or their privies.
In an unsupervised probate, each proceeding before the court is independent of any other proceeding involving the same estate.
Testamentary capacity is examined at the time a will or codicil is executed.

Matter of Hehn 2020 ND 226
Docket No.: 20190353
Filing Date: 10/21/2020
Case Type: CIVIL COMMIT OF SEXUAL PREDATOR
Author: McEvers, Lisa K. Fair

Highlight: Civil commitment decisions require detailed findings, including credibility determinations and references to evidence the court relied on in making its decision. Conclusory, general findings do not comply with N.D.R.Civ.P. 52(a).

Titan Machinery v. Kluver 2020 ND 225
Docket No.: 20200021
Filing Date: 10/21/2020
Case Type: CONTRACTS
Author: Tufte, Jerod E.

Highlight: In a bench trial, the district court decides credibility issues, and we will not second-guess the district court on its credibility decisions.

Indemnity is an equitable remedy that allows a party to recover reimbursement from another for the payment of a liability that, as between the two parties, should have been paid by the other.

Hunter v. State 2020 ND 224
Docket No.: 20200160
Filing Date: 10/21/2020
Case Type: POST-CONVICTION RELIEF
Author: Crothers, Daniel John

Highlight: Claims barred by res judicata are not preserved in post-conviction relief proceedings by combining them with claims of ineffective assistance of counsel.

Failure to show prejudice on an ineffective assistance of counsel claim results in failure of that claim.

WSI v. Tolman 2020 ND 223
Docket No.: 20200025
Filing Date: 10/21/2020
Case Type: WORKERS COMPENSATION
Author: VandeWalle, Gerald W.

Highlight: Statutory interpretation presents a question of law. Statutory provisions are given their plain, ordinary, and commonly understood meaning unless a contrary intention plainly appears.

For purposes of WSI benefits, a compensable injury includes a mental or psychological condition caused by a physical injury, but only when the physical injury is determined with reasonable medical certainty to be at least fifty percent of the cause of the condition as compared with all other contributing causes combined, and only when the condition did not preexist the work injury.

Thiele v. Bousquet, et al. 2020 ND 222
Docket No.: 20200146
Filing Date: 10/21/2020
Case Type: PERSONAL INJURY
Author: Per Curiam

Highlight: A summary judgment in a personal injury action is summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (4).

Yost v. State 2020 ND 221
Docket No.: 20200125
Filing Date: 10/21/2020
Case Type: POST-CONVICTION RELIEF
Author: Per Curiam

Highlight: A district court order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Gonzalez v. State 2020 ND 220
Docket No.: 20200079
Filing Date: 10/21/2020
Case Type: POST-CONVICTION RELIEF
Author: Per Curiam

Highlight: A district court’s order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Lubitz 2020 ND 219
Docket No.: 20200118
Filing Date: 10/21/2020
Case Type: HOMICIDE
Author: Per Curiam

Highlight: Criminal conviction for murder summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4).

Hoffarth v. Hoffarth 2020 ND 218
Docket No.: 20200129
Filing Date: 10/21/2020
Case Type: CHILD CUST & SUPPORT (Div.\Other)
Author: McEvers, Lisa K. Fair

Highlight: A motion to reconsider an order disposing of a time-tolling post-trial motion does not continue tolling the time to file a notice of appeal.

It is not an abuse of discretion to deny an untimely motion.