Opinions

State v. Lelm 2021 ND 118
Docket No.: 20200236
Filing Date: 7/8/2021
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Jensen, Jon J.

Highlight: The State bears the burden to prove a warrantless search falls within an exception to the warrant requirement.

The automobile exception allows law enforcement to search a vehicle for illegal contraband without a warrant when probable cause exists.

The search incident to arrest exception is limited to searches that implicate interests in protecting officer safety and evidence preservation.

The inevitable discovery doctrine allows evidence obtained during an unlawful search to be admissible where it is shown that the evidence would have been gained even without the unlawful action.

Decker v. WSI 2021 ND 117
Docket No.: 20200289
Filing Date: 7/1/2021
Case Type: Appeal - Administrative - Workers Compensation
Author: McEvers, Lisa K. Fair

Highlight: Statutory requirements for filing an appeal from an administrative agency decision are jurisdictional, and the appellant must satisfy the statutory requirements for the district court to acquire subject matter jurisdiction over the appeal.

State v. Van Der Heever 2021 ND 116
Docket No.: 20200309
Filing Date: 6/24/2021
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: McEvers, Lisa K. Fair

Highlight: Information from a tip may provide the factual basis for an investigative stop. In evaluating whether the factual basis for a stop meets the legal standard of reasonable and articulable suspicion, we consider the totality of the circumstances.

Where a known, or easily ascertainable, informant provides a greater quantity of information than a bare assertion of possible impaired or erratic driving, the officer need not personally observe, or corroborate, evidence of criminal activity in order to have reasonable suspicion to stop a vehicle.

Interest of K.C. (CONFIDENTIAL) (consolidated with 20210123 & 20210124) 2021 ND 115
Docket No.: 20210122
Filing Date: 6/24/2021
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: Juvenile court orders terminating parental rights are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Interest of K.C. (CONFIDENTIAL) (consolidated with 20210123 & 20210124) 2021 ND 115
Docket No.: 20210122
Filing Date: 6/24/2021
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Thompson v. State 2021 ND 114
Docket No.: 20210038
Filing Date: 6/24/2021
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court’s dismissal of an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Interest of C.G. (CONFIDENTIAL)(consolidated w/ 20210133) 2021 ND 113
Docket No.: 20210132
Filing Date: 6/24/2021
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).

Interest of C.G. (CONFIDENTIAL)(consolidated w/ 20210133) 2021 ND 113
Docket No.: 20210132
Filing Date: 6/24/2021
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

State v. Gedrose 2021 ND 111
Docket No.: 20200277
Filing Date: 6/24/2021
Case Type: Appeal - Criminal - Misc. Felony
Author: Crothers, Daniel John

Highlight: A statute enjoys a presumption of constitutionality unless it is clearly shown that it contravenes the state or federal constitution.

Due process is not violated merely because mens rea is not a required element of a criminal offense.

A felony offense of issuing a check without sufficient funds under N.D.C.C. § 6-08-16(1)(d) does not violate due process and is constitutional on its face.

Abdi v. State 2021 ND 110
Docket No.: 20200341
Filing Date: 6/24/2021
Case Type: Appeal - Civil - Post-Conviction Relief
Author: McEvers, Lisa K. Fair

Highlight: An application for post-conviction relief alleging constitutionally ineffective assistance of counsel under Padilla v. Kentucky was properly denied where the applicant failed to meet his burden to show he pleaded guilty to an offense mandating his removal and he was advised he may be deported. An applicant who argues they did not knowingly, intelligently, or voluntarily, enter their plea alleging they received ineffective assistance of counsel cannot establish a manifest injustice will result if they cannot withdraw their plea where they did not establish they received ineffective assistance of counsel.