Opinions

State v. Hutchinson (consolidated w/20170002) 2017 ND 160
Docket No.: 20170001
Filing Date: 6/29/2017
Case Type: Appeal - Criminal - Sexual Offense
Author: Kapsner, Carol

Highlight: An order denying the State's motion for correction of an illegal sentence under Rule 35(a), N.D.R.Crim.P., is appealable under N.D.C.C. § 29-28-01(4), as it affects a substantial right.
The term "illegal sentence" as used in Rule 35(a)(1), N.D.R.Crim.P., applies to a sentence that the judgment of conviction does not authorize.
A district court's decision on a motion to correct an illegal sentence is subject to review for abuse of discretion.

Spirit Property Management v. Vondell, et al. 2017 ND 158
Docket No.: 20160247
Filing Date: 6/29/2017
Case Type: Appeal - Civil - Landlord/Tenant
Author: Crothers, Daniel John

Highlight: Eviction actions are designed as summary proceedings.
In an eviction action, the defendant may show the character of the possessory rights claimed by the parties, but the right to the possession of the real estate is the only fact that can be rightfully litigated unless damages or rent is claimed.
A district court must have both subject matter and personal jurisdiction to enter a valid order or judgment.

State v. Bell 2017 ND 157
Docket No.: 20170046
Filing Date: 6/29/2017
Case Type: Appeal - Criminal - Drugs/Contraband
Author: VandeWalle, Gerald

Highlight: A defendant's Fourth Amendment rights were not violated because the defendant was not detained.
We refuse to assume a defendant felt he or she was not free to leave after law enforcement complete a traffic stop.

State v. Hedstrom 2017 ND 156
Docket No.: 20170006
Filing Date: 6/29/2017
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Tufte, Jerod E.

Highlight: Whether a private individual acted either as an agent of the government or with the participation or knowledge of any governmental official turns on whether the government official directly or indirectly supervised or encouraged the search.
The primary rationale for the restriction on nighttime search warrants is to prevent individuals in the home from being subjected to the trauma of a nighttime search.

Peterson v. Schulz 2017 ND 155
Docket No.: 20160377
Filing Date: 6/29/2017
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: Most non-appealable intermediate orders may be reviewed on appeal from a final judgment. In domestic relations cases, the requirements of N.D.R.Ct. 8.2 must be complied with before a party's request for affirmative relief may be granted in an ex parte interim order. Attorney's fees may be awarded as a remedial sanction for contempt.

State v. Froelich 2017 ND 154
Docket No.: 20160349
Filing Date: 6/29/2017
Case Type: Appeal - Criminal - Assault
Author: Kapsner, Carol

Highlight: Under Crawford v. Washington, 541 U.S. 36 (2004), the admission of out-of-court testimonial statements in criminal cases is precluded, unless the witness is unavailable to testify and the accused has had an opportunity to cross-examine the declarant.
The Sixth Amendment Confrontation Clause does not require exclusion of nontestimonial statements.
Under Davis v. Washington, 547 U.S. 813 (2006), statements are nontestimonial when made in the course of interrogation under circumstances which objectively indicate the interrogation's primary purpose is to enable police assistance to meet an ongoing emergency.

Interest of Tanner (cross-reference 20120084) 2017 ND 153
Docket No.: 20160231
Filing Date: 6/29/2017
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Kapsner, Carol

Highlight: When a person committed as a sexually dangerous individual petitions for discharge, the State has the burden of proving by clear and convincing evidence that the committed individual remains a sexually dangerous individual.
Expert testimony in sexually dangerous individual proceedings will not be reweighed on appeal, and a choice between two permissible views of the weight of the evidence is not clearly erroneous.

Brown v. WSI 2017 ND 151
Docket No.: 20170083
Filing Date: 6/29/2017
Case Type: Appeal - Administrative - Workers Compensation
Author: Per Curiam

Highlight: Judgment affirming a decision of Workforce Safety and Insurance to terminate disability and vocational rehabilitation benefits and require repayment of $2,558.57 in benefits is summarily affirmed under N.D.R.App.P. 35.1(a)(5).

Jasmann v. State 2017 ND 150
Docket No.: 20160396
Filing Date: 6/29/2017
Case Type: Appeal - Civil - 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), (7).

Disciplinary Board v. Matson (cons. w/ 20170102-20170121) 2017 ND 149
Docket No.: 20170101
Filing Date: 6/19/2017
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer disbarred.