Opinions

Plains Marketing, LP, et al. v. Mountrail County Board of County Commissioners 2016 ND 100
Docket No.: 20150346
Filing Date: 5/26/2016
Case Type: Appeal - Civil - Tax Realted
Author: Kapsner, Carol

Highlight: A county auditor may not use the omitted property statutes to revalue previously assessed property.

Grzeskowiak v. State 2016 ND 99
Docket No.: 20150325
Filing Date: 5/26/2016
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Kapsner, Carol

Highlight: An appellant's failure to comply with the rules of appellate procedure for briefs precludes meaningful review of the appellant's alleged errors and warrants affirmance of district court decision.

State v. Van Zomeren 2016 ND 98
Docket No.: 20150267
Filing Date: 5/26/2016
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Crothers, Daniel John

Highlight: Expert testimony is not required to show fair administration of a blood test if the directions for blood collection have been scrupulously followed.

State v. Wilkie (consolidated w/ 20150215) 2016 ND 97
Docket No.: 20150214
Filing Date: 5/26/2016
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Kapsner, Carol

Highlight: A probationer, when arrested and charged with an additional crime, may be required to comply with conditions of probation as a condition of a bond order related to the subsequent charge.
Bail may be forfeited if a condition of the bond order is breached.

Guardianship/Conservatorship of R.G. 2016 ND 96
Docket No.: 20150184
Filing Date: 5/26/2016
Case Type: Appeal - Civil - Guardian/Conservator
Author: Sandstrom, Dale

Highlight: An order appointing a conservator and guardian is appealable without a certification under N.D.R.Civ.P. 54(a).
For good cause, a court may pass over a person named in a most recent durable power of attorney and appoint another entity or individual as a conservator and guardian.

26th Street Hospitality v. Real Builders, et al. 2016 ND 95
Docket No.: 20150259
Filing Date: 5/26/2016
Case Type: Appeal - Civil - Other
Author: Kapsner, Carol

Highlight: Under the Federal Arbitration Act, the court is required to determine the validity of an arbitration agreement before arbitration may be ordered, but only if a party specifically challenges the arbitration provision.
Arbitrability is an issue for judicial determination unless the parties clearly and unmistakably provide otherwise.
A nonsignatory to an arbitration agreement may compel arbitration if a signatory raises allegations of substantially interdependent and concerted misconduct by both the nonsignatory and one or more signatories to the contract.

City of Bismarck v. Sokalski 2016 ND 94
Docket No.: 20150151
Filing Date: 5/26/2016
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Kapsner, Carol

Highlight: A district court's decision on a motion for a new trial is reviewed for an abuse of discretion.
A prosecutor's knowing use of perjured testimony violates the due process defendant clause. To establish this kind of prosecutorial misconduct claim, a defendant must prove: (1) the prosecution either introduced or failed to correct false testimony; (2) the false or perjured testimony was given at trial; (3) the prosecution knew the perjured testimony was false; (4) the testimony was "material"; and (5) the defendant has not waived the claim by failing to raise it at trial if he had reason to know of the falsity of the subject testimony.

State v. Rogahn 2016 ND 93
Docket No.: 20150297
Filing Date: 5/26/2016
Case Type: Appeal - Criminal - Drugs/Contraband
Author: VandeWalle, Gerald

Highlight: Probable cause depends on the combined effect of all facts and circumstances included in the affidavit of probable cause, not the isolated effect of individual facts or circumstances.
The realities of a case may warrant executing a daytime search warrant within minutes of 10 p.m.
To warrant a Franks hearing, a defendant must make a substantial preliminary showing of false or misleading statements within the affidavit of probable cause.

State v. Timm 2016 ND 92
Docket No.: 20150332
Filing Date: 5/26/2016
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: DUI conviction is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Interest of N.A. (Confidential) 2016 ND 91
Docket No.: 20160099
Filing Date: 5/26/2016
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Crothers, Daniel John

Highlight: In termination of parental rights cases, a guardian ad litem's failure to interview an available parent is error.
A guardian ad litem's failure to interview an available parent is not a constitutional violation where the parent testifies and is represented by counsel in a parental rights termination proceeding.