Opinions

State v. Gietzen 2024 ND 5
Docket No.: 20230181
Filing Date: 1/10/2024
Case Type: Appeal - Criminal - Misc. Felony
Author: Tufte, Jerod E.

Highlight: The State’s accompanying statement filed with the notice of appeal must explain the relevance of the suppressed evidence and not merely paraphrase the statutory language. But the Court may consider the appeal if the facts clearly demonstrate the relevance of the suppressed evidence.

The scope of a driver’s consent to search a vehicle may or may not extend to all property in the vehicle. Whether a driver’s consent to search a vehicle extends to particular containers within the vehicle may depend on whether the container has identifying markings or characteristics indicating ownership by someone other than the driver.

The State has the burden to prove a person consented to a search. To sustain a finding of consent, the State must show affirmative conduct by the person alleged to have consented that is consistent with the giving of consent, rather than merely showing that the person took no affirmative actions to stop the police from searching.

State v. Gonzalez 2024 ND 4
Docket No.: 20230133
Filing Date: 1/10/2024
Case Type: Appeal - Criminal - Sexual Offense
Author: McEvers, Lisa K. Fair

Highlight: The August 1, 2021 amendment to N.D.C.C. § 12.1-32-07(6) does not apply retroactively.

When an original sentence was entered prior to August 1, 2021, the pre-amendment version of N.D.C.C. § 12.1-32-07(6) limits a district court’s ability to resentence a defendant to no more than the previously imposed, but suspended, sentence.

The pre-amendment version of N.D.C.C. § 12.1-32-07(6) restrains a district court’s discretion to impose consecutive sentences, in cases where the original sentence was imposed before the statute was amended, and the suspended sentence was to run concurrently.

Yalartai v. Miller, et al. 2024 ND 3
Docket No.: 20230159
Filing Date: 1/10/2024
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: An order issued without notice to the parties is not appealable under N.D.C.C. § 28-27-02(7). Relief from an order made without notice must first be sought in the district court.

Larson Latham Huettl v. Vetter 2024 ND 2
Docket No.: 20230113
Filing Date: 1/10/2024
Case Type: Appeal - Civil - Contracts
Author: Tufte, Jerod E.

Highlight: An appeal from a district court judgment entered after a bench trial on a claim for unpaid legal fees and counterclaim is affirmed, and remanded for consideration of attorney’s fees for this appeal.

“If the defendant elects to remove the action from small claims court to district court, the district court shall award attorney’s fees to a prevailing plaintiff.” N.D.C.C. § 27-08.1-04. A party removes a small claims matter to district court at her own peril.

After our decision in Johnson v. Menard, Inc., 2021 ND 19, 955 N.W.2d 27, N.D.C.C. § 27-08.1-04 was amended consistent with that decision to state: “If the defendant appeals a district court judgment to the supreme court, the supreme court shall award reasonable attorney’s fees to the prevailing appellee.”

Although we have concurrent jurisdiction to determine a reasonable award of attorney’s fees on appeal, we prefer the district court take evidence and make such findings in the first instance.

State v. A.J.H. (consolidated w/20230242) 2024 ND 1
Docket No.: 20230241
Filing Date: 1/10/2024
Case Type: Appeal - Criminal - Misc. Felony
Author: McEvers, Lisa K. Fair

Highlight: A district court order transferring the matter to juvenile court is not an order quashing an information providing the State the right to appeal.

Anderson v. Lamm 2023 ND 249
Docket No.: 20230301
Filing Date: 12/28/2023
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: The Court does not issue advisory opinions and will ordinarily dismiss a moot appeal. An appeal is moot when there is no actual controversy left to be determined because events have occurred that make it impossible for the Court to issue relief. There is an exception to the rule against advisory opinions for appeals from district court decisions that continue to have adverse collateral consequences for an appellant. For the collateral consequences exception to apply, there must be a reasonable possibility that collateral consequences will occur. This requires an examination of the specific circumstances of a case.

The issuance of a disorderly conduct restraining order without evidence to support a finding that a respondent engaged in disorderly conduct amounts to an abuse of discretion.

Mead v. Hatzenbeller 2023 ND 248
Docket No.: 20230185
Filing Date: 12/28/2023
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: A temporary restraining order is a type of injunction that is brief in duration and meant to maintain the status quo until the district court can make a determination on the merits of a petition. After a final order has been issued, questions concerning the propriety of earlier temporary injunctive orders are moot.

Disorderly conduct is analyzed in the same manner for both civil and criminal cases because the reasonable grounds for a restraining order are synonymous with probable cause for an arrest. The elements of criminal disorderly conduct by harassment are the same as those required to prove disorderly conduct in the context of a petition for a restraining order.

A petitioner for a disorderly conduct restraining order must prove his case before the district court in a full hearing. Because a restraining order constrains a person’s liberty and entails certain stigma, a respondent has a due process right to a fair hearing, including reasonable notice or opportunity to know of the claims of opposing parties, along with the opportunity to rebut those claims.

The purpose of an appeal is to review the actions of the trial court, not to grant the appellant an opportunity to develop and expound upon new strategies or theories. Issues or contentions not raised in the district court cannot be raised for the first time on appeal.

Koon v. State 2023 ND 247
Docket No.: 20230139
Filing Date: 12/28/2023
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Tufte, Jerod E.

Highlight: A district court judgment denying an application for postconviction relief is affirmed.

The district court did not err by considering evidence outside the record when it followed the procedure of Rule 201, N.D.R.Ev., providing notice to the parties of its intent to judicially notice the clerk’s trial notes before declining to take judicial notice of the clerk’s notes.

The district court’s mere exposure to inadmissible evidence is not error because we presume the court considers only admissible evidence. We have consistently acknowledged a judge is capable of distinguishing between admissible and inadmissible evidence when deliberating the ultimate question.

State v. Nelson (consolidated w/20230235) 2023 ND 246
Docket No.: 20230234
Filing Date: 12/28/2023
Case Type: Appeal - Criminal - Misc. Felony
Author: Jensen, Jon J.

Highlight: This Court’s review of a sentence is generally confined to whether the district court acted within the statutory sentencing limits or substantially relied on an impermissible factor.

This Court does not consider arguments that are not adequately articulated, supported, and briefed.

State v. Gai 2023 ND 245
Docket No.: 20230231
Filing Date: 12/28/2023
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: A criminal judgment revoking probation and resentencing a defendant is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Heywood v. State 2023 ND 244
Docket No.: 20230223
Filing Date: 12/28/2023
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Everett v. State 2023 ND 243
Docket No.: 20230192
Filing Date: 12/28/2023
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Crothers, Daniel John

Highlight: An applicant for post-conviction relief has two years from when the conviction becomes final to apply for relief, unless newly discovered evidence is found.

Newly discovered evidence for purposes of post-conviction relief must establish that the applicant did not engage in conduct leading to the underlying conviction.

Gaede v. State 2023 ND 242
Docket No.: 20230269
Filing Date: 12/28/2023
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: An order denying a petition for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6).

Mathisen, et al. v. Becker-Johner 2023 ND 241
Docket No.: 20230263
Filing Date: 12/15/2023
Case Type: Appeal - Civil - Real Property
Author: Per Curiam

Williams v. Williams, et al. 2023 ND 240
Docket No.: 20230201
Filing Date: 12/15/2023
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: Reopening the record is an evidentiary issue subject to the abuse of discretion standard.

If the obligor fails to provide reliable information regarding his gross income, and that information cannot be reasonably obtained from other sources, the court must impute income and apply the method providing the greatest amount.

District courts must use a source demonstrating statewide average earnings to determine the obligor’s income for child support calculations if the obligor fails to provide sufficient reliable information for determining the obligor’s income.

Whether to award attorney’s fees in conjunction with a discovery violation is generally within the discretion of the district court.

Grengs v. Grengs, et al. 2023 ND 239
Docket No.: 20230105
Filing Date: 12/15/2023
Case Type: Appeal - Civil - Divorce - Property
Author: Crothers, Daniel John

Highlight: A principal that allows an ostensible agent act with apparent authority may be bound by the agent’s actions.

A principal may expressly or impliedly ratify an ostensible agent’s acts by conduct or failure to timely disavow the acts.

A third party is required to exercise diligence and prudence in determining whether an agent acted for a principal.

N.D.C.C. § 35-03-05 provides a standard mortgage form.

Interest of J.M.M. (CONFIDENTIAL) 2023 ND 238
Docket No.: 20230348
Filing Date: 12/15/2023
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: A juvenile court order terminating a mother’s parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Shift Services v. Ames Savage Water Solutions 2023 ND 237
Docket No.: 20230217
Filing Date: 12/15/2023
Case Type: Appeal - Civil - Contracts
Author: Jensen, Jon J.

Highlight: Once a contract has been entered into, mutual assent of the contracting parties is essential for any modification of the contract.

To establish a modification, the party asserting the modification must show that there was an agreement of the parties on all essential terms of the contract modification, and that the parties intended the new terms to alter the contract.

State v. Serdahl 2023 ND 236
Docket No.: 20230204
Filing Date: 12/15/2023
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

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

Powell, et al. v. Statoil Oil & Gas 2023 ND 235
Docket No.: 20230098
Filing Date: 12/15/2023
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: McEvers, Lisa K. Fair

Highlight: The obligation to pay royalties under an oil and gas lease is a contract contained in a conveyance or instrument affecting title to real property within the meaning of N.D.C.C. § 28-01-15(2). This ten-year statute of limitations applies to a claim for untimely payment of royalties under an oil and gas lease.

If an operator fails to notify a mineral owner of a title dispute affecting the owner’s distribution of royalties and fails to pay royalties within 150 days after oil or gas produced under the lease is marketed, and cancellation of the lease is not sought, the operator must pay interest on the unpaid royalties at 18% per annum until paid.

Ebel, et al. v. Engelhart, et al. 2023 ND 234
Docket No.: 20230116
Filing Date: 12/15/2023
Case Type: Appeal - Civil - Contracts
Author: Tufte, Jerod E.

Highlight: A district court judgment is reversed because the court misapplied the law by applying the statute of frauds when it was not specifically pled under N.D.R.Civ.P. 8.

Rule 8(c), N.D.R.Civ.P., requires the statute of frauds to be specifically pled as an affirmative defense.

State v. Hamilton 2023 ND 233
Docket No.: 20230052
Filing Date: 12/15/2023
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Tufte, Jerod E.

Highlight: When a defendant pleads guilty on open and unconditional plea, the defendant waives his right to challenge the rejection of a plea agreement.

During sentencing, failure to preserve an objection precludes a later assertion unless a defendant establishes obvious error. Obvious error is exercised only with extreme caution.

Interest of Wedmore 2023 ND 232
Docket No.: 20230150
Filing Date: 12/15/2023
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Crothers, Daniel John

Highlight: An appeal to determine if a person remains a sexually dangerous individual must be taken within 30 days of an entry of an order denying discharge.

State v. Bearce 2023 ND 231
Docket No.: 20230120
Filing Date: 12/15/2023
Case Type: Appeal - Criminal - Misc. Felony
Author: Jensen, Jon J.

Highlight: A district court does not err when reducing a defendant’s sentence within the 120-day period mandated by Rule 35(b), N.D.R.Crim.P.

It is mandatory under Rule 35(b), N.D.R.Crim.P., that the sentencing judge, whenever reducing a sentence as permitted by Rule 35, give his reasons for the reduction.

This Court’s power on appeal is limited by N.D.C.C. § 29-28-35. When the State appeals, this Court cannot reverse an order of the district court if doing so would increase the defendant’s sentence.

Neither the district court nor the State may invoke section 25 rights on behalf of a victim and when no individual exercises the victim’s right to participate in any post-judgment processes and procedures, a court does not err when it issues an order on a post-judgment without the victim’s consideration.

Sargent Cty. Water Resource District v. Beck, et al. 2023 ND 230
Docket No.: 20220357
Filing Date: 12/15/2023
Case Type: Appeal - Civil - Real Property
Author: McEvers, Lisa K. Fair

Matter of Overboe (CONFIDENTIAL) 2023 ND 229
Docket No.: 20230352
Filing Date: 12/1/2023
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer transferred to Incapacity to Practice Law Status

Holm v. Holm 2023 ND 228
Docket No.: 20230128
Filing Date: 12/1/2023
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: The petitioner for a disorderly conduct restraining order bears the burden of demonstrating how a respondent’s conduct affected the petitioner’s safety, security, or privacy. Section 12.1-31.2-01, N.D.C.C., requires the district court to make specific findings concerning the respondent’s intent.

State v. Haney (consolidated w/20220367) 2023 ND 227
Docket No.: 20220366
Filing Date: 12/1/2023
Case Type: Appeal - Criminal - Assault
Author: Bahr, Douglas Alan

Kisi v. State 2023 ND 226
Docket No.: 20230074
Filing Date: 12/1/2023
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Tufte, Jerod E.

Highlight: To be convicted of accomplice to attempted murder, the accused must have intended to aid in killing. Accomplice to attempted “knowing” murder under N.D.C.C. §§ 12.1-03-01 and 12.1-16-01(1)(a) is a non-cognizable offense.

The error was harmless if we are convinced the error did not contribute to the verdict.

Our determination of whether an error was harmless looks at the effect of the error on this jury, rather than speculating whether a hypothetical jury would convict the defendant absent the error. When no rational jury could find that the defendant committed the relevant criminal act but did not intend to cause injury and the erroneous instruction was not argued to the jury, the error was harmless to that particular jury.

Albertson v. Albertson 2023 ND 225
Docket No.: 20230034
Filing Date: 12/1/2023
Case Type: Appeal - Civil - Other
Author: Bahr, Douglas Alan

Highlight: A district court must specially state facts when granting a disorderly conduct restraining order, which allow a reviewing court to understand the basis of the decision.

Section 28-26-01, N.D.C.C., applies to awards of attorney’s fees by the district court, not the Supreme Court.

Pagel, et al. v. Weikum 2023 ND 224
Docket No.: 20230156
Filing Date: 11/24/2023
Case Type: Appeal - Civil - Contracts
Author: Tufte, Jerod E.

Highlight: A district court order and judgment are reversed, and the case is remanded for entry of an order compelling arbitration. 

In construing arbitration clauses, courts have categorized arbitration clauses as either broad or narrow. A broad arbitration provision covers all disputes arising out of a contract to arbitrate; a narrow provision limits arbitration to specific types of disputes.

If the arbitration clause is broad in scope, the court will defer to arbitration on any issues that touch on contract rights or contract performance. 

State v. Curtis 2023 ND 223
Docket No.: 20230182
Filing Date: 11/24/2023
Case Type: Appeal - Criminal - Misc. Felony
Author: McEvers, Lisa K. Fair

Highlight: The standard of review for a criminal trial before the district court without a jury is the same as a trial with a jury. A criminal defendant bears the burden of showing the evidence reveals no reasonable inference of guilt when viewed in the light most favorable to the verdict.

When the sufficiency of evidence to support a criminal conviction is challenged, this Court will not reweigh conflicting evidence or judge the credibility of the witnesses. This Court merely reviews the record to determine if there is competent evidence allowing the jury to draw an inference reasonably tending to prove guilt and fairly warranting a conviction.

Where a claim of insufficient evidence is preserved for appeal, related issues of statutory interpretation are also preserved for appeal.

Legislative history of a statute will not be considered without a showing that the statute is ambiguous.

State v. Geiger 2023 ND 222
Docket No.: 20230146
Filing Date: 11/24/2023
Case Type: Appeal - Criminal - Other
Author: Jensen, Jon J.

Highlight: A defendant fails to preserve an issue relating to constitutionally protected activities for appeal when they failed to properly raise a constitutionally protected activity defense to the district court through a motion in limine and instead made only a N.D.R.Crim.P. 29 motion at trial without providing any legal basis for the claim.

State v. Richter 2023 ND 221
Docket No.: 20230124
Filing Date: 11/24/2023
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Crothers, Daniel John

Highlight: Displaying a fictitious operator’s license is a punishable offense under N.D.C.C. § 39-06-40.

State v. Steele 2023 ND 220
Docket No.: 20230064
Filing Date: 11/24/2023
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Bahr, Douglas Alan

Highlight: A person has a reasonable expectation of privacy in a closed, rented room.

A home owner does not have common authority to consent to a search of a rented room in their home.

A reasonable officer would not believe a homeowner could consent to the search of a closed, rented room in their home.

Tracey v. Tracey 2023 ND 219
Docket No.: 20230155
Filing Date: 11/24/2023
Case Type: Appeal - Civil - Other
Author: McEvers, Lisa K. Fair

Highlight: A district court’s finding of domestic violence may be based on actual harm, or the infliction of fear of imminent harm.

When a petition for a domestic violence protection order is based on the infliction of fear of imminent harm, the petitioner must show a fear of actual or imminent physical harm, bodily injury, or assault.

A district court must make factual findings sufficient to understand the basis for its decision.

Matter of Didier 2023 ND 218
Docket No.: 20230118
Filing Date: 11/24/2023
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Tufte, Jerod E.

Highlight: A district court must have sufficient factual findings to show a sexually dangerous individual continues to have an inability to control his behavior. Past conduct is relevant and may be considered with present conduct to determine whether an individual continues to have an inability to control his behavior. The district court’s findings, showing not just a lack of progress, but a lack of participation, are sufficient to show the individual continues to have an inability to control his behavior.

State v. Nelson 2023 ND 217
Docket No.: 20230038
Filing Date: 11/24/2023
Case Type: Appeal - Criminal - Theft
Author: Crothers, Daniel John

Highlight: An issue will not be addressed on appeal when an appellant fails to raise it in the district court or brief it under the obvious error standard of review.

The standard for reviewing the sufficiency of evidence is the same for both a bench trial and a jury trial. A conviction will not be set aside if competent evidence allows the trier of fact to draw an inference reasonably tending to prove guilt and fairly warranting a conviction.

Olson Family Limited Partnership v. Velva Parks 2023 ND 216
Docket No.: 20230108
Filing Date: 11/24/2023
Case Type: Appeal - Civil - Real Property
Author: McEvers, Lisa K. Fair

Highlight: A movant under N.D.R.Civ.P. 60(b) has the burden of establishing sufficient grounds for disturbing the finality of the judgment. A disregard of service of process does not constitute mistake, inadvertence, or excusable neglect. Bare assertions without credible facts or specific legal grounds do not give rise to an allegation of a meritorious defense.

Benter v. State 2023 ND 215
Docket No.: 20230202
Filing Date: 11/24/2023
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

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

Bravera Bank v. Craft, et al. 2023 ND 214
Docket No.: 20230095
Filing Date: 11/24/2023
Case Type: Appeal - Civil - Foreclosure
Author: Jensen, Jon J.

Highlight: When a district court’s order granting summary judgment is entered on a fully submitted motion without any request for oral argument, and the order fully resolves the pending claims, it may not be necessary for the court to specifically address the remaining motions.

A district court does not err in cancelling a hearing set by the court if its notice was issued after the time for the parties to request a hearing has expired and neither party made a request.

A party opposing summary judgment must explain the connection between the factual assertions and the legal theories in the case. It cannot leave the district court the chore of determining if there are nonbriefed issues material to the claim for relief.

State v. Brame 2023 ND 213
Docket No.: 20230024
Filing Date: 11/24/2023
Case Type: Appeal - Criminal - Sexual Offense
Author: Jensen, Jon J.

Highlight: District courts must substantially comply with N.D.R.Crim.P. 11 to ensure a defendant knowingly and voluntarily enters a guilty plea.

The Court remands to provide the State the opportunity to file transcripts to prove the district court substantially complied with N.D.R.Crim.P. 11.

State v. Sparkman 2023 ND 212
Docket No.: 20230134
Filing Date: 11/9/2023
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam

McGinnis v. State 2023 ND 211
Docket No.: 20230119
Filing Date: 11/9/2023
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court’s order denying postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Anderson 2023 ND 210
Docket No.: 20230145
Filing Date: 11/9/2023
Case Type: Appeal - Criminal - Assault
Author: Jensen, Jon J.

Highlight: When the intent element of terrorizing is met based on reckless disregard of the risk, awareness of the risk is not required if the absence is due to self-induced intoxication.

Preventing arrest under N.D.C.C. § 12.1-08-02 includes not only preventing the arrest but also effecting such an arrest. Preventing law enforcement actions such as being placed in handcuffs or being secured for transport could be the basis for a preventing arrest charge.

State v. Morales 2023 ND 209
Docket No.: 20230080
Filing Date: 11/9/2023
Case Type: Appeal - Criminal - Homicide
Author: Crothers, Daniel John

Highlight: North Dakota Rule of Criminal Procedure 11(d) governs the withdrawal of a guilty plea. To withdraw a guilty plea after the court has accepted the plea but before sentencing, a defendant must show a fair and just reason for the withdrawal.

State v. Yalartai 2023 ND 208
Docket No.: 20230065
Filing Date: 11/9/2023
Case Type: Appeal - Criminal - Sexual Offense
Author: McEvers, Lisa K. Fair

Highlight: A defendant moving to withdraw his guilty plea before sentencing bears the burden of establishing a fair and just reason exists.

Among the factors that a district court may consider in determining whether a fair and just reason exists to withdraw a guilty plea before sentencing are: (1) the amount of time that has passed between the entry of the plea and the motion to withdraw; (2) defendant’s assertion of innocence or a legally cognizable defense to the charge; (3) prejudice to the government; (4) whether the plea was knowing and voluntary; (5) whether the plea was made in compliance with Rule 11, N.D.R.Crim.P.; (6) whether adequate assistance of counsel was available to the defendant; (7) the plausibility of the reason for seeking to withdraw; (8) whether a plea withdrawal would waste judicial resources; and (9) whether the parties had reached or breached a plea agreement.

A defendant who voluntarily pleads guilty waives the right to challenge nonjurisdictional defects, including alleged violations of constitutional rights that occur before the guilty plea.

Kaspari v. Kaspari 2023 ND 207
Docket No.: 20230189
Filing Date: 11/9/2023
Case Type: Appeal - Civil - Divorce - Property
Author: Bahr, Douglas Alan

Highlight: This Court only has jurisdiction to review judgments which are timely appealed. If we conclude the attempted appeal fails for lack of jurisdiction, we have the duty to dismiss the appeal sua sponte.

A motion under N.D.R.Civ.P. 60 does not toll the time to appeal unless the motion is served and filed no later than 28 days after notice of entry of judgment.

This Court does not consider issues which are not adequately articulated, supported, and briefed.

State v. Kovalevich 2023 ND 206
Docket No.: 20230101
Filing Date: 11/9/2023
Case Type: Appeal - Criminal - Sexual Offense
Author: Bahr, Douglas Alan

Highlight: When a defendant has previously filed a post-conviction relief application, a subsequent motion filed under the Rules of Criminal Procedure will be treated as an application for post-conviction relief when the motion seeks to evade the boundaries of post-conviction proceedings.

When a pre-filing order is in effect, a district court must make the required initial determinations whether a particular litigant’s proffered papers will be filed before ruling on the merits of the proposed filing.

Orders denying leave to file are not appealable.

Vacancy in Judgeship No. 2, NECJD 2023 ND 205
Docket No.: 20230284
Filing Date: 11/2/2023
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judgeship retained at Grand Forks.