Opinions

State v. Reddig 2016 ND 39
Docket No.: 20150224
Filing Date: 2/18/2016
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Sandstrom, Dale

Highlight: A defendant may not be convicted upon the testimony of an accomplice unless the testimony is corroborated by other evidence tending to connect the defendant with the commission of the crime.
If the prosecution intends to introduce an analytical report in a criminal trial, it must notify the defendant and serve a copy of the report on the defendant or the defendant's attorney at least 60 days prior to trial, but the report need not be certified at the time it is served on the defendant.

Sand v. Job Service, et al. 2016 ND 38
Docket No.: 20150238
Filing Date: 2/18/2016
Case Type: Appeal - Administrative - Unemployment/Job Service
Author: Crothers, Daniel John

Highlight: N.D.R.Civ.P. 59 and 60 are not applicable to an administrative agency appeal to a district court.
An appeal is a creature of statute and not a matter of right, and no right to appeal exists unless authorized by statute.

Desert Partners IV, L.P., et al. v. Benson, et al. (cross-reference w/20140066) 2016 ND 37
Docket No.: 20150105
Filing Date: 2/18/2016
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Sandstrom, Dale

Highlight: An unrecorded instrument is valid between the parties to the instrument and those with notice.
An unrecorded conveyance of land is void against any subsequent purchaser in good faith and for valuable consideration.
The recording of any instrument affecting title to real property is constructive notice to all subsequent purchasers or encumbrancers of the real property.

Dieterle v. Dieterle n/k/a Hansen (cross-reference w/20120329 & 20150030) 2016 ND 36
Docket No.: 20150087
Filing Date: 2/18/2016
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: An appellant may not collaterally attack an earlier unappealed decision.
Absent a stay, a person found in contempt must comply with a court order pending appeal.
Procedural due process generally entails notice and a meaningful opportunity for a hearing appropriate for the nature of the case.
The determination whether or not a contempt has been committed is within the district court's sound discretion.

State v. Goodale 2016 ND 35
Docket No.: 20150230
Filing Date: 2/18/2016
Case Type: Appeal - Civil - Other
Author: Sandstrom, Dale

Highlight: When a default judgment is entered, the defendant may move for relief from the default judgment under N.D.R.Civ.P. 60(b).
When a party fails to move to set aside the default judgment, review on appeal is limited to irregularities of procedure or process that appear on the face of the judgment roll.

Haag v. Haag 2016 ND 34
Docket No.: 20150193
Filing Date: 2/18/2016
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: A material change of circumstances is an important new fact not known at the time of the prior order establishing residential responsibility.
A party's conduct before a prior decision establishing residential responsibility may be relevant if the prior decision was based on the parties' stipulation and the court was not aware of the facts at the time of the stipulation.

Erickson v. Olsen, et al. (cross-reference w/ 20130217) 2016 ND 33
Docket No.: 20150153
Filing Date: 2/18/2016
Case Type: Appeal - Civil - Other
Author: VandeWalle, Gerald

Highlight: Under N.D.R.Civ.P. 60(a), a court may correct a clerical mistake or mistake arising from oversight or omission when one is found in a judgment, but may not make substantive changes in a judgment.

Estate of Vaage 2016 ND 32
Docket No.: 20150121
Filing Date: 2/18/2016
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: McEvers, Lisa K. Fair

Highlight: Evidence justifying reformation of a written instrument must be clear, specific, and convincing.
When considering whether to reform a written instrument, a district court should exercise caution and require a high degree of proof, especially when the original parties are deceased.

State v. McClary 2016 ND 31
Docket No.: 20150218
Filing Date: 2/18/2016
Case Type: Appeal - Criminal - Sexual Offense
Author: Kapsner, Carol

Highlight: A motion to correct an illegal sentence brought under the Rules of Criminal Procedure or brought under the Uniform Postconviction Procedure Act should be treated as equivalent to a motion under both provisions.
Trial courts ordinarily should appoint counsel for most indigent applicants seeking postconviction relief for the first time, and only in exceptional situations should counsel not be appointed.
A district court may not delegate its sentencing authority to a probation officer or counselor.

Black Gold Oil Field Services, LLC v. City of Williston, et al. 2016 ND 30
Docket No.: 20150112
Filing Date: 2/18/2016
Case Type: Appeal - Civil - Other
Author: McEvers, Lisa K. Fair

Highlight: Granting or denying a preliminary injunction is based on: (1) substantial probability of succeeding on the merits; (2) irreparable injury; (3) harm to other interested parties; and (4) effect on the public interest.
An injunction cannot be granted to prevent a legislative act by a municipality.
A party seeking an injunction generally must show that no adequate remedy at law exists and that irreparable injury will result if relief is not granted.