Opinions

Laufer v. Doe 2020 ND 159
Docket No.: 20200001
Filing Date: 7/22/2020
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Crothers, Daniel John

Highlight: A party seeking recovery of property damage allegedly caused by a pesticide application must strictly comply with statutory notice requirements under N.D.C.C. § 4.1-33-18.

State v. Metz 2020 ND 158
Docket No.: 20200023
Filing Date: 7/22/2020
Case Type: Appeal - Criminal - Theft
Author: Per Curiam

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

State v. Banyee (consolidated w/ 20190281) 2020 ND 157
Docket No.: 20180251
Filing Date: 7/22/2020
Case Type: Appeal - Criminal - Theft
Author: Per Curiam

Highlight: A criminal judgment and a judgment denying postconviction relief are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Harrison v. State 2020 ND 156
Docket No.: 20200070
Filing Date: 7/22/2020
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).

State v. Helm 2020 ND 155
Docket No.: 20190325
Filing Date: 7/22/2020
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Crothers, Daniel John

Highlight: A defendant raising specific grounds in a N.D.R.Crim.P. 29 motion for judgment of acquittal waives on appeal other grounds not asserted in the district court.

City of Jamestown v. Schultz 2020 ND 154
Docket No.: 20190359
Filing Date: 7/22/2020
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Jensen, Jon J.

Highlight: When an individual has been given a reasonable opportunity to consult with an attorney before deciding to take a chemical test, the individual is not required to be provided with a second chance to consult with an attorney subsequent to making a decision to take the chemical test.

Norby v. Hinesley, et al. 2020 ND 153
Docket No.: 20190337
Filing Date: 7/22/2020
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: A district court’s decision on a motion to relocate is a finding of fact, which will not be reversed on appeal unless it is clearly erroneous.
A district court must analyze all four Stout-Hawkinson factors in determining whether a custodial parent may relocate out-of-state with a child.

Holter v. City of Mandan 2020 ND 152
Docket No.: 20190277
Filing Date: 7/22/2020
Case Type: Appeal - Civil - Administrative Proceeding
Author: McEvers, Lisa K. Fair

Highlight: This Court exercises a limited review of a challenge to a municipality’s decision to specially assess property.

A municipality has broad discretion to determine benefits and apportion assessments and costs to properties within an improvement district.

The special assessment against a property must not exceed the benefit which has been determined to have accrued thereto.

State v. Harstad 2020 ND 151
Docket No.: 20190400
Filing Date: 6/29/2020
Case Type: Appeal - Criminal - Theft
Author: Jensen, Jon J.

Highlight: A district court abused its discretion awarding restitution for damages that were not directly related to the criminal conduct.

Zundel v. Zundel, et al. 2020 ND 150
Docket No.: 20190334
Filing Date: 6/29/2020
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: A district court judgment finding a bill of transfer is void as a result of undue influence is not clearly erroneous.

The court did not abuse its discretion by quashing a post-trial subpoena.

Issues raised for the first time on appeal will not be considered.