Opinions

R & F Financial Services v. North American Building Solutions, et al. 2021 ND 12
Docket No.: 20190287
Filing Date: 1/12/2021
Case Type: CONTRACTS
Author: Tufte, Jerod E.

Highlight: All contracts entered into by the parties must be construed together, and only the provisions in the latter contracts which are inconsistent with the prior contracts will supersede.

This Court has recognized the doctrine of frustration of purpose may be used to avoid all or part of a contractual claim. The doctrine of frustration of purpose is applicable when after a contract is made, a party’s principal purpose is substantially frustrated without his fault by the occurrence of an event the non-occurrence of which was a basic assumption on which the contract was made.

State v. Casatelli 2021 ND 11
Docket No.: 20200096
Filing Date: 1/12/2021
Case Type: DUI/DUS
Author: Tufte, Jerod E.

Highlight: A district court’s decision on a motion to suppress will be affirmed if there is sufficient competent evidence fairly capable of supporting the trial court’s findings and the decision is not contrary to the manifest weight of the evidence.

An investigative detention must be reasonably related in scope to the circumstances which justified the interference in the first place.

The State must establish that the seizure it seeks to justify on the basis of a reasonable suspicion was sufficiently limited in scope and duration to satisfy the conditions of an investigative seizure.

Interest of M.M. 2021 ND 10
Docket No.: 20200335
Filing Date: 1/12/2021
Case Type: TERMINATION/PARENTAL RIGHTS
Author: Per Curiam

Highlight: An order terminating mother’s parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Rivera-Rieffel 2021 ND 9
Docket No.: 20200210
Filing Date: 1/12/2021
Case Type: HOMICIDE
Author: Per Curiam

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

Young v. Burleigh Morton Detention Center, et al. 2021 ND 8
Docket No.: 20200153
Filing Date: 1/12/2021
Case Type: OTHER (Civil)
Author: McEvers, Lisa K. Fair

Highlight: A violation of the Sixth Amendment right to counsel does not occur unless the government knowingly intrudes into the attorney-client relationship and the intrusion prejudices the defendant or creates a substantial threat of prejudice.???

A correctional facility’s policy of allowing inmates or their attorneys to register attorney telephone numbers as confidential numbers not to be monitored does not constitute a violation of N.D.C.C. § 12-44.1-14(1), which requires correctional facilities to provide inmates confidential access to their attorneys.

State v. Aune 2021 ND 7
Docket No.: 20200159
Filing Date: 1/12/2021
Case Type: HOMICIDE
Author: McEvers, Lisa K. Fair

Highlight: A defendant may not challenge a jury verdict as inconsistent based upon an alleged error he invited by requesting an instruction on a lesser included offense. If a defendant does not object to the introduction of prior convictions at sentencing, and the prior convictions were not relied upon to enhance the term of incarceration, the appropriate standard of review is obvious error. It is not error to consider a defendant’s prior convictions as a part of their criminal history under N.D.C.C. § 12.1-32-04 if there has been no showing that the prior convictions were uncounseled and without proper waiver.

Estate of Seidel v. Seidel, et al. 2021 ND 6
Docket No.: 20200148
Filing Date: 1/12/2021
Case Type: OIL, GAS AND MINERALS
Author: Tufte, Jerod E.

Highlight: The primary purpose in interpreting a deed is to ascertain and effectuate the grantor’s intent at the time of the conveyance. The intent must be ascertained from the writing alone, if possible.

Gravel and other surface minerals are transferred with the surface estate unless specifically reserved by name in the conveyance.

Neppel, et al. v. Development Homes, et al. 2021 ND 5
Docket No.: 20200036
Filing Date: 1/12/2021
Case Type: TORTS (NEGLIGENCE, LIAB., NUIS.)
Author: McEvers, Lisa K. Fair

Highlight: The district court did not abuse its discretion when it denied an untimely motion to amend the complaint.

An award of attorney fees under N.D.C.C. § 25-01.2-17 requires the successful enforcement of a right guaranteed by the Developmental Disability Act.

The tort of intentional infliction of emotional stress requires a reasonable finding of extreme and outrageous conduct that goes beyond all possible bounds of decency, which is a strenuously high standard.

Issues that are moot will generally not be addressed on appeal.

State v. Evanson 2021 ND 4
Docket No.: 20200056
Filing Date: 1/12/2021
Case Type: THEFT
Author: McEvers, Lisa K. Fair

Highlight: When a defendant fails to object to the introduction of prior convictions at sentencing, and the court did not substantially rely on the convictions as the basis for enhancing a defendant’s sentence or increasing their offense level, obvious error is the appropriate standard of review. A defendant cannot establish obvious error if they cannot first establish that an error has occurred.

Brendel Construction v. WSI 2021 ND 3
Docket No.: 20200161
Filing Date: 1/12/2021
Case Type: WORKERS COMPENSATION
Author: Jensen, Jon J.

Highlight: On review of an administrative law judge’s findings of fact, this Court determines only whether a reasoning mind reasonably could have determined the findings were proven by the weight of the evidence from the entire record.

Section 65-06-26.2(1), N.D.C.C., allows for the imposition of derivative liability against a general contractor without proof the underling assessment of liability against the subcontractor is final.

Usage of the wage cap in effect per employee reported in the previous payroll report to calculate the amount of the late premiums is permitted under N.D.C.C. § 65-04-19.

Section 28-32-42(1), N.D.C.C., sets the times for appeal for both parties as thirty days from the date of the administrative decision if no petition for reconsideration is timely filed, thirty days after a decision on a petition for reconsideration if a petition is timely filed, or thirty days after the timely filing of a petition for reconsideration if no decision has been issued on the petition.