Opinions

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.

Schulz v. Helmers 2021 ND 158
Docket No.: 20210025
Filing Date: 8/19/2021
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: Contract damages for breaching a duty to maintain buildings in a lease are measured by the lesser of the cost to repair and the diminution in value of the property when avoiding windfalls or economic waste.

Interest of T.L.E. (CONFIDENTIAL) 2021 ND 157
Docket No.: 20210190
Filing Date: 8/19/2021
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

Highlight: A district court’s orders for hospitalization and involuntary treatment with medication are summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Interest of T.L.E. (CONFIDENTIAL) 2021 ND 157
Docket No.: 20210190
Filing Date: 8/19/2021
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

Interest of G.J.E.P. (CONFIDENTIAL) (consolidated with 20210189) 2021 ND 156
Docket No.: 20210188
Filing Date: 8/19/2021
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Interest of G.J.E.P. (CONFIDENTIAL) (consolidated with 20210189) 2021 ND 156
Docket No.: 20210188
Filing Date: 8/19/2021
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

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

Pinkney v. State 2021 ND 155
Docket No.: 20200249
Filing Date: 8/19/2021
Case Type: Appeal - Civil - Post-Conviction Relief
Author: VandeWalle, Gerald

Highlight: Whether to grant a motion for a continuance rests within the district court’s discretion.

Post-conviction relief is not a device for investigating possible claims, but a means for vindicating actual claims.

State v. Lyman 2021 ND 154
Docket No.: 20200321
Filing Date: 8/19/2021
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Jensen, Jon J.

Highlight: The district court did not abuse its discretion when it admitted blood test results into evidence over the Defendant’s foundational objections that the State failed to prove scrupulous compliance with the approved method for collecting and submitting a blood specimen.

Dubois v. State 2021 ND 153
Docket No.: 20210019
Filing Date: 8/19/2021
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Crothers, Daniel John

Highlight: Counsel’s failure to raise a novel or groundbreaking legal claim does not constitute ineffective assistance of counsel.

A district court is the best credibility evaluator in cases of conflicting testimony, and we will not second-guess the district court’s credibility determinations.

The procedures in Rule 11, N.D.R.Crim.P., does not apply to admissions on probation revocation.

Section 12.1-32-07(6), N.D.C.C., unambiguously restrains a district court’s authority in probation revocation cases to imposition of the sentence initially imposed but suspended.

State v. Gefroh, 458 N.W.2d 479, 483-84 (N.D. 1990) and State v. Lindgren, 483 N.W.2d 777, 779 (N.D. 1992) are overruled.