Opinions

State v. Ford 2024 ND 210
Docket No.: 20240074
Filing Date: 11/21/2024
Case Type: Appeal - Criminal - Assault
Author: McEvers, Lisa K. Fair

Highlight: When the record on direct appeal is inadequate to determine whether the defendant received ineffective assistance of counsel, the defendant may pursue the ineffectiveness claim at a postconviction proceeding where an adequate record can be made.

A criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7).

Bott v. Bott 2024 ND 209
Docket No.: 20240070
Filing Date: 11/21/2024
Case Type: Appeal - Civil - Divorce - Property
Author: McEvers, Lisa K. Fair

Highlight: A district court does not have continuing jurisdiction over a final property distribution.

Nevertheless, a final property division in a divorce may be modified in the same manner and on the same grounds as other judgments including a motion pursuant to N.D.R.Civ.P. 60.

Extraordinary circumstances are required for N.D.R.Civ.P. 60(b)(6) to be invoked.

If the judgment sought to be set aside was entered based on a stipulation of the parties, the party challenging the judgment has the additional burden of showing under the law of contracts there is justification for setting aside the stipulation.

On appeal, only considered is a determination of whether the district court abused its discretion in ruling that sufficient grounds for disturbing the finality of a judgment were not established, not whether the court was substantively correct in entering the judgment from which relief was sought.

Nelson, et al. v. Lindvig, et al. 2024 ND 208
Docket No.: 20230257
Filing Date: 11/21/2024
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Crothers, Daniel John

Highlight: A person must have a reasonable claim to an interest or estate in real property to maintain a quiet title action.

A person without an interest or estate in real property cannot simultaneously voluntarily join a quiet title action and seek attorney's fees by claiming the action is frivolous.

An award of attorney's fees is reviewed under the abuse of discretion standard.

Nelson, et al. v. Persons Unknown, et al. 2024 ND 208
Docket No.: 20240106
Filing Date: 11/21/2024
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: A person must have a reasonable claim to an interest or estate in real property to maintain a quiet title action.

A person without an interest or estate in real property cannot simultaneously voluntarily join a quiet title action and seek attorney's fees by claiming the action is frivolous.

An award of attorney's fees is reviewed under the abuse of discretion standard.

Disciplinary Board v. Spencer (Interim Suspension) 2024 ND 207
Docket No.: 20240307
Filing Date: 11/12/2024
Case Type: Discipline - Attorney - Suspension
Author: Per Curiam

Highlight: Attorney Interim Suspended

Olson v. Olson, et al. 2024 ND 206
Docket No.: 20240067
Filing Date: 11/8/2024
Case Type: Appeal - Civil - Real Property
Author: Crothers, Daniel John

Highlight: A district court must have sufficient evidence to support a finding of great prejudice prior to ordering a partition by sale.

The party seeking partition by sale must prove great prejudice with authenticated evidence that a physical partition would result in serious pecuniary injury.

Mbulu v. State 2024 ND 205
Docket No.: 20240036
Filing Date: 11/8/2024
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: An amended criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2), (7), and (8).

State v. Callahan 2024 ND 204
Docket No.: 20240145
Filing Date: 11/8/2024
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam

Highlight: A criminal judgment entered following a jury verdict is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

State v. Cruz 2024 ND 203
Docket No.: 20240099
Filing Date: 11/8/2024
Case Type: Appeal - Criminal - Assault
Author: Per Curiam

Highlight: A criminal judgment entered following a jury verdict is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Sanderson v. Myrdal, et al. 2024 ND 202
Docket No.: 20240091
Filing Date: 11/8/2024
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.

Highlight: A district court's grant of summary judgment for defendant is affirmed.

A plaintiff may not challenge the court's jurisdiction over a defendant who admitted personal jurisdiction on the basis of defects in the plaintiff's service of process on the defendant.

Generally, a plaintiff may not obtain a default judgment after being served with defendant's answer.

Under Lindke v. Freed, 601 U.S. 187 (2024), a state official's social-media activity constitutes state action under 42 U.S.C. § 1983 only if the official (1) possessed actual authority to speak on the state's behalf, and (2) purported to exercise that authority when he spoke on social media.

A district court has discretion under N.D.C.C. § 28-26-01(2) to determine whether a claim is frivolous and how much to award, but the district court must award costs and attorney's fees if it finds the claim is frivolous.