Opinions

Johnson v. Menard 2021 ND 19
Docket No.: 20200126
Filing Date: 2/18/2021
Case Type: Appeal - Civil - Personal Injury
Author: VandeWalle, Gerald

Highlight: During trial, a party can make a motion for judgment as a matter of law alleging insufficient evidence under N.D.R.Civ.P. 50(a). However, after the jury returns its verdict the party must renew the motion under N.D.R.Civ.P. 50(b) to preserve the sufficiency of the evidence issue for review on appeal.

After removing a small claims court action to district court, amending the complaint does not preclude an award of attorney’s fees under N.D.C.C. § 27-08.1-04.

A court does not abuse its discretion when it uses an itemized bill to award a party attorney’s fees under N.D.C.C. § 27-08.1-04.

Under N.D.C.C. § 27-08.1-04, a prevailing plaintiff should be awarded reasonable attorney’s fees for the district court proceedings and for a successful appeal.

State v. Watson 2021 ND 18
Docket No.: 20200109
Filing Date: 2/18/2021
Case Type: Appeal - Criminal - Sexual Offense
Author: VandeWalle, Gerald

Highlight: A defendant may not withdraw a guilty plea after the court has imposed a sentence unless the defendant proves that withdrawal is necessary to correct a manifest injustice.

Willprecht v. Willprecht 2021 ND 17
Docket No.: 20200195
Filing Date: 2/18/2021
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: A district court’s use, on remand, of its previous Ruff-Fischer guidelines analysis is not by itself clearly erroneous.

The district court must provide a discernable basis for an award of spousal support.

State v. Bear King 2021 ND 16
Docket No.: 20200254
Filing Date: 2/17/2021
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: The criminal judgment entered after a jury verdict is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7).

Interest of A.R.S. (CONFIDENTIAL)(consolidated w/ 20200200) 2021 ND 15
Docket No.: 20200199
Filing Date: 2/10/2021
Case Type: Appeal - Civil - Juvenile Law
Author: Per Curiam

Highlight: District court judgment finding children are deprived is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Munzal v. State 2021 ND 14
Docket No.: 20200216
Filing Date: 2/3/2021
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: An order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).

Matter of Didier 2021 ND 13
Docket No.: 20200217
Filing Date: 2/3/2021
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

Highlight: A district court order denying request for discharge from civil commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

R & F Financial Services v. North American Building Solutions, et al. 2021 ND 12
Docket No.: 20190287
Filing Date: 1/12/2021
Case Type: Appeal - Civil - Contracts
Author: Tufte, Jerod E.

Highlight: All contracts entered into by the parties must be construed together, and only the provisions in the latter contracts which are inconsistent with the prior contracts will supersede.

This Court has recognized the doctrine of frustration of purpose may be used to avoid all or part of a contractual claim. The doctrine of frustration of purpose is applicable when after a contract is made, a party’s principal purpose is substantially frustrated without his fault by the occurrence of an event the non-occurrence of which was a basic assumption on which the contract was made.

State v. Casatelli 2021 ND 11
Docket No.: 20200096
Filing Date: 1/12/2021
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Tufte, Jerod E.

Highlight: A district court’s decision on a motion to suppress will be affirmed if there is sufficient competent evidence fairly capable of supporting the trial court’s findings and the decision is not contrary to the manifest weight of the evidence.

An investigative detention must be reasonably related in scope to the circumstances which justified the interference in the first place.

The State must establish that the seizure it seeks to justify on the basis of a reasonable suspicion was sufficiently limited in scope and duration to satisfy the conditions of an investigative seizure.

Interest of M.M. (CONFIDENTIAL) (consolidated w/20200336 - 20200339) 2021 ND 10
Docket No.: 20200335
Filing Date: 1/12/2021
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: An order terminating mother’s parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2).