Opinions

Comes v. State 2021 ND 107
Docket No.: 20210005
Filing Date: 6/24/2021
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Jensen, Jon J.

Highlight: The statutory remedy of post-conviction relief pursuant to N.D.C.C. ch. 29-32.1 is not available to provide relief for disciplinary measures, custodial treatment, or other violations of civil rights of a convicted person occurring after the imposition of sentence.

Interest of K.B. (CONFIDENTIAL) (CONSOLIDATED W/20210110) 2021 ND 106
Docket No.: 20210109
Filing Date: 6/24/2021
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Tufte, Jerod E.

Pennington, et al. v. Continental Resources 2021 ND 105
Docket No.: 20200318
Filing Date: 6/10/2021
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: McEvers, Lisa K. Fair

Highlight: Under the law of the case doctrine, a party cannot in a second appeal relitigate issues which were resolved in the first appeal or which would have been resolved had they been properly presented in the first appeal.

The mandate rule requires the district court to follow an appellate court’s pronouncements on legal issues in subsequent proceedings in the case and to carry the appellate court’s mandate into effect according to its terms.

Guardianship and Conservatorship of S.M.H. 2021 ND 104
Docket No.: 20200239
Filing Date: 6/3/2021
Case Type: Appeal - Civil - Guardian/Conservator
Author: Jensen, Jon J.

Highlight: Only judgments and decrees which constitute a final judgment of the rights of the parties and certain orders enumerated by statute are appealable.

Under N.D.R.Ct. 3.2(a)(3), a court may decide routine motions on briefs without holding a formal hearing, unless a party requests one.

An estate in real property, other than an estate at will or for a term not exceeding one year, can be transferred only by operation of law or by an instrument in writing, subscribed by the party disposing of the same or by the party’s agent thereunto authorized by writing.

Under N.D.R.Civ.P. 12(f), the district court has discretion to strike an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter in a pleading.

A court’s award of attorney’s fees and costs under N.D.C.C. § 28-26-31 is discretionary but must be based on evidence that the pleadings were made without reasonable cause and not in good faith, and are found to be untrue.

State v. Black 2021 ND 103
Docket No.: 20200256
Filing Date: 6/3/2021
Case Type: Appeal - Criminal - Misc. Felony
Author: Jensen, Jon J.

Highlight: When reviewing a district court’s finding of exigent circumstances, the findings of fact are reviewed giving due weight to the inferences drawn from those facts by judges and law enforcement. A de novo review is applied to the ultimate determination of whether the facts constitute exigent circumstances.

Issues which are not raised before the district court, including constitutional issues, will not be considered for the first time on appeal.

Probable cause to search exists if the facts and circumstances relied on by the magistrate would warrant a person of reasonable caution to believe the contraband or evidence sought probably will be found in the place to be searched.

When a defendant alleges false or misleading statements have been made in the application for a search warrant, the issue is addressed under the standard set forth in Franks v. Delaware, 438 U.S. 154 (1978).

State v. Coleman 2021 ND 102
Docket No.: 20210040
Filing Date: 6/3/2021
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: An order deferring imposition of sentence entered after a jury verdict is affirmed under N.D.R.App.P. 35.1(a)(3).

State v. Howard (consolidated w/ 20200301) 2021 ND 101
Docket No.: 20200300
Filing Date: 6/3/2021
Case Type: Appeal - Criminal - Misc. Felony
Author: VandeWalle, Gerald

Highlight: An order dismissing a complaint, information, indictment, or any count thereof, with or without prejudice, is appealable under N.D.C.C. § 29-28-07(1).

Timing may be used as evidence of a link between a defendant and an act.

Boutrous v. Transform Operating Stores, et al. 2021 ND 100
Docket No.: 20210115
Filing Date: 6/3/2021
Case Type: Appeal - Civil - Landlord/Tenant
Author: McEvers, Lisa K. Fair

PLS Services v. Clear Creek Retirement Plan, et al. 2021 ND 99
Docket No.: 20200270
Filing Date: 6/3/2021
Case Type: Appeal - Civil - Foreclosure
Author: McEvers, Lisa K. Fair

Highlight: A N.D.R.Civ.P. 54(b) certification of judgment may be appropriate if the certified judgment completely decides an entire claim.

Summary judgment is only appropriate if the nonmoving party has had a full opportunity to conduct discovery to
develop information essential to its position.

A good faith purchaser must acquire rights without actual or constructive notice of another’s rights.

McDougall, et al. v. AgCountry Farm Credit Services, et al. 2021 ND 98
Docket No.: 20200282
Filing Date: 6/3/2021
Case Type: Appeal - Civil - Contracts
Author: Crothers, Daniel John

Highlight: The principle of law of the case requires that the same legal question previously determined on appeal will not be decided differently on a second appeal in the same case where the facts remain the same.

A district court’s findings of fact on unjust enrichment will not be reversed unless clearly erroneous.

A third party’s participation in a transaction between others through which a benefit is obtained is a fact to be considered by the court in determining whether a causal connection existed between an enrichment and impoverishment.
Unjust enrichment is an alternative claim, and a legal claim which has yet to fail or succeed does not preclude a plaintiff from also asserting an unjust enrichment claim.

A district court does not abuse its discretion in awarding costs for depositions taken in a prior case where use of those depositions prevented duplicative depositions and costs.