Opinions

State v. Demerais 2021 ND 174
Docket No.: 20210012
Filing Date: 9/30/2021
Case Type: Appeal - Criminal - Assault
Author: VandeWalle, Gerald

Highlight: Criminal conviction for aggravated assault summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Ineffective assistance of counsel claims generally should not be brought on direct appeal, because post-conviction relief proceedings provide a more appropriate forum to develop the evidentiary record necessary for such claims.

Thomas v. State 2021 ND 173
Docket No.: 20210056
Filing Date: 9/30/2021
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Crothers, Daniel John

Highlight: Expert testimony is admissible whenever specialized knowledge will assist the trier of fact.

Expert testimony is admissible to address questions of fact, not law.

City of Jamestown v. Nygaard 2021 ND 172
Docket No.: 20210049
Filing Date: 9/30/2021
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Crothers, Daniel John

Highlight: “When the wording of a statute is clear and free of all ambiguity, the letter of it is not to be disregarded under the pretext of pursuing its spirit.” N.D.C.C. § 1-02-05.

The plain language of N.D.C.C. § 39-08-01(1)(f) does not require advice of criminal penalties to drivers before they can be charged with refusing a chemical breath test.

Continental Resources v. Armstrong, et al. 2021 ND 171
Docket No.: 20210060
Filing Date: 9/30/2021
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: McEvers, Lisa K. Fair

Highlight: An argument is without merit if the party does not provide supportive reasoning or citations to relevant authorities.

When ambiguity exists in an instrument conveying oil and gas interests, the parties’ intent is a question of fact requiring factual findings based on extrinsic evidence.

When the operator of an oil and gas well has relied to its detriment a division order signed by an underpaid royalty owner, the underpaid owner is estopped from recovering from the operator. The estoppel rule does not apply when the underpayments are not made according to a signed division order.

RTS Shearing v. BNI Coal 2021 ND 170
Docket No.: 20200340
Filing Date: 9/30/2021
Case Type: Appeal - Civil - Contracts
Author: Tufte, Jerod E.

Highlight: Parties to a contract may incorporate contractual terms by reference to a separate, noncontemporaneous document, including a separate agreement to which they are not parties, and including a separate document which is unsigned.

Although whether one agreement has incorporated another has factual components, whether material has been incorporated presents a question of law.

Galvanizers, et al. v. Kautzman, et al. 2021 ND 169
Docket No.: 20210042
Filing Date: 9/30/2021
Case Type: Appeal - Civil - Real Property
Author: VandeWalle, Gerald

Highlight: The district court must make sufficient findings of fact and conclusions of law after a bench trial to allow review of its decision on appeal.

Whether property held in the name of an individual belongs to the partnership is a question of fact.

Carpenter v. State 2021 ND 168
Docket No.: 20210104
Filing Date: 9/30/2021
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

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

Sims v. Sims 2021 ND 167
Docket No.: 20210039
Filing Date: 9/16/2021
Case Type: Appeal - Civil - Other
Author: Per Curiam

Highlight: A district court order entering a domestic violence protection order is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

WSI v. Badger Roustabouts 2021 ND 166
Docket No.: 20210022
Filing Date: 9/16/2021
Case Type: Appeal - Administrative - Workers Compensation
Author: Jensen, Jon J.

Highlight: An individual who performs services for another for remuneration is presumed to be an employee of the person for which the services are performed, unless it is proven that the individual is an independent contractor under the common-law test.

Whether a worker is an independent contractor or an employee is a mixed question of fact and law.

To be entitled to an award attorney’s fees under N.D.C.C. § 28-32-50, a non-agency party must meet a two-part test: 1) the non-administrative agency party must prevail, and 2) the agency must have acted without substantial justification.

Fleck v. State 2021 ND 165
Docket No.: 20210089
Filing Date: 9/16/2021
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

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