Opinions

Ryberg, et al. v. Landsiedel 2021 ND 56
Docket No.: 20200189
Filing Date: 3/24/2021
Case Type: Appeal - Civil - Personal Injury
Author: Crothers, Daniel John

Highlight: A settlement agreement is a contract between parties, and thus contract law applies.

The law looks with favor upon compromise and settlement of controversies between parties, and where the settlement is fairly entered into, it should be considered as disposing of all disputed matters which were contemplated by the parties at the time of the settlement.

When a settlement is fairly made before trial, it takes on the character of a contract between the parties and is final and conclusive, and based on good consideration.

Courts will not enforce a contract which is vague, indefinite, or uncertain, nor will they make a new contract for the parties. An oral contract can be enforced only when the parties have agreed on its essential terms.

State v. Richter 2021 ND 55
Docket No.: 20200351
Filing Date: 3/24/2021
Case Type: Appeal - Criminal - Misc. Felony
Author: VandeWalle, Gerald

Highlight: Attempted promotion of obscenity to minors is not a cognizable offense.

State v. Neugebauer 2021 ND 54
Docket No.: 20200278
Filing Date: 3/24/2021
Case Type: Appeal - Criminal - Homicide
Author: Tufte, Jerod E.

Highlight: Once a judgment is final, the district court generally loses jurisdiction to alter, amend, or modify that judgment. Unless grounds are provided by statute or by the Rules of Criminal Procedure for correcting or amending a judgment, any attempt by the district court to amend or modify a final judgment is void.

Any party who has timely served and filed a brief requests oral argument, the request must be granted. If a trial court errs in denying a party’s motion without oral argument, the remedy is a remand to allow for oral argument.

Pioneer State Mutual Insurance Co. v. Bear Creek Gravel, et al. 2021 ND 53
Docket No.: 20200170
Filing Date: 3/24/2021
Case Type: Appeal - Civil - Insurance
Author: Crothers, Daniel John

Highlight: Whether a vehicle has been furnished for regular use is a conclusion of fact.

A finding of fact will not be overturned on appeal unless clearly erroneous.

Reasonable time and place restrictions on the use of a vehicle could lead to a conclusion the vehicle was not furnished for a person’s regular use.

State v. Borland 2021 ND 52
Docket No.: 20200053
Filing Date: 3/24/2021
Case Type: Appeal - Criminal - Homicide
Author: Jensen, Jon J.

Highlight: A defendant waives the constitutional protection against being placed in double jeopardy after a verdict or judgment against them is set aside at their own instance, either by motion in trial court or upon successful appeal.

The circumstances under which such a defendant may invoke the bar of double jeopardy in a second effort to try him are limited to those cases in which the conduct giving rise to the successful motion for a mistrial was intended to provoke the defendant into moving for a mistrial.

When analyzing a constitutional speedy trial claim, this Court considers the length of the delay, the reason for the delay, the accused’s assertion of the right to a speedy trial, and the prejudice to the accused.

Tebay v. State (consolidated w/ 20200317) 2021 ND 51
Docket No.: 20200316
Filing Date: 3/24/2021
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)(6).

Gerving v. Gerving 2021 ND 50
Docket No.: 20200291
Filing Date: 3/24/2021
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

State v. Walbert 2021 ND 49
Docket No.: 20200197
Filing Date: 3/24/2021
Case Type: Appeal - Criminal - Sexual Offense
Author: Crothers, Daniel John

Highlight: Courts possess broad power to control their courtrooms, minimize disruptive behavior, and maintain security.

Restricting movement in and out of a courtroom during testimony of a child witness as an attempt to minimize disruptions did not constitute a closure but instead was within the court’s managerial authority.

Gil v. WSI 2021 ND 48
Docket No.: 20200253
Filing Date: 3/24/2021
Case Type: Appeal - Administrative - Workers Compensation
Author: Crothers, Daniel John

Highlight: Timely filing a notice of appeal is jurisdictional and procedural rules may not be used to enlarge periods of time conferring jurisdiction that are definitely fixed by statute.

Saucedo v. State 2021 ND 47
Docket No.: 20200265
Filing Date: 3/24/2021
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: An order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(7).