Opinions

Carpenter v. State 2021 ND 168
Docket No.: 20210104
Filing Date: 9/30/2021
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).

Sims v. Sims 2021 ND 167
Docket No.: 20210039
Filing Date: 9/16/2021
Case Type: Appeal - Civil - Other
Author: Per Curiam

Highlight: A district court order entering a domestic violence protection order is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

WSI v. Badger Roustabouts 2021 ND 166
Docket No.: 20210022
Filing Date: 9/16/2021
Case Type: Appeal - Administrative - Workers Compensation
Author: Jensen, Jon J.

Highlight: An individual who performs services for another for remuneration is presumed to be an employee of the person for which the services are performed, unless it is proven that the individual is an independent contractor under the common-law test.

Whether a worker is an independent contractor or an employee is a mixed question of fact and law.

To be entitled to an award attorney’s fees under N.D.C.C. § 28-32-50, a non-agency party must meet a two-part test: 1) the non-administrative agency party must prevail, and 2) the agency must have acted without substantial justification.

Fleck v. State 2021 ND 165
Docket No.: 20210089
Filing Date: 9/16/2021
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).

Matter of Muscha 2021 ND 164
Docket No.: 20210071
Filing Date: 9/16/2021
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: McEvers, Lisa K. Fair

Highlight: A district court must specify facts on which its conclusions are based that a sexually dangerous individual continues to have serious difficulty controlling his behavior. Both past conduct and present conduct are relevant to determine whether an individual continues to have serious difficulty controlling his behavior. The conduct need not be sexual in nature.

Evidence of negative and inappropriate behaviors, including incidents demonstrating more than mere horseplay, may be sufficient to demonstrate serious difficulty controlling behavior.

Interest of K.B. (CONFIDENTIAL) (CONSOLIDATED W/20210110) 2021 ND 163
Docket No.: 20210109
Filing Date: 6/24/2021
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Tufte, Jerod E.

Highlight: In addition to state law requirements for parental termination, the requirements of the Indian Child Welfare Act, 25 U.S.C. § 1912, must be met in cases involving an Indian child as defined by the Act.

Because children are entitled to permanency and because ICWA presents an opportunity for collateral attack of a state court judgment if its requirements are not met, we will not strain to infer findings from a vague reference to the requirement. The juvenile court must make detailed findings sufficient to satisfy ICWA. A qualified expert witness’s expressed preference to deny termination of parental rights does not preclude the court from making findings sufficient to satisfy ICWA and ordering termination.

Manning v. Jaeger, et al. 2021 ND 162
Docket No.: 20200332
Filing Date: 9/2/2021
Case Type: Appeal - Civil - Other
Author: McEvers, Lisa K. Fair

Highlight: To intervene as a matter of right, a person must establish on timely motion that 1) the person has a cognizable interest in the subject matter of the litigation, 2) the interest may be impaired as a result of the litigation, and 3) the interest is not adequately represented by an existing party to the litigation.

Exercise of supervisory jurisdiction is purely discretionary and decided on a case-by-case basis, considering the unique circumstances of each case.

State v. Johnson 2021 ND 161
Docket No.: 20200252
Filing Date: 9/2/2021
Case Type: Appeal - Criminal - Misc. Felony
Author: Jensen, Jon J.

Highlight: A conviction rests upon insufficient evidence only when no rational fact finder could have found the defendant guilty beyond a reasonable doubt after viewing the evidence in a light most favorable to the prosecution and giving the prosecution the benefit of all inferences reasonably to be drawn in its favor.

To convict for terrorizing, the State must prove that the defendant intended to cause another person to fear for his or another person’s safety or acted with reckless disregard of the risk of causing such fear and that the defendant made a threat to commit a crime of violence or act dangerous to human life.

Hartman, et al. v. Grager 2021 ND 160
Docket No.: 20200205
Filing Date: 9/2/2021
Case Type: Appeal - Civil - Other
Author: Jensen, Jon J.

Highlight: Before a court may set aside a transaction on the ground of mental incapacity, the party attacking the validity of the transaction has the burden to prove the grantor, at the time of the transaction, was so weak mentally as not to be able to comprehend and understand the nature and effect of the transaction.

An agreement for the sale of real property must show who the contracting parties are, intelligently identify the subject matter involved, express the consideration, and disclose the terms and conditions upon which the contract is entered into. All things that in law or usage are considered as incidental to a contract or as necessary to carry it into effect are implied therefrom, unless some of them are mentioned expressly therein.

A valid inter vivos gift requires: (1) an intention by the donor to then and there give the property to the donee, coupled with an actual or constructive (2) delivery of the property to the donee, and (3) acceptance of the property by the donee.

In an action for specific performance, a purchaser may recover damages from a seller for delay in conveying real property. The detriment caused by the wrongful occupation of real property is deemed to be the value of the use of the property for the time of occupation, which can be shown by either identifying the fruits of the illegal possession, or through fair rental value of the property.

Estate of Finch 2021 ND 159
Docket No.: 20210029
Filing Date: 8/26/2021
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Jensen, Jon J.

Highlight: A decision on a petition to remove a personal representative rests within the district court’s sound discretion.

A district court’s decision whether to award attorney’s fees incurred by a personal representative to be paid from the estate will not be reversed absent a clear abuse of discretion.