Opinions

Young v. Burleigh Morton Detention Center, et al. 2021 ND 8
Docket No.: 20200153
Filing Date: 1/12/2021
Case Type: Appeal - Civil - Other
Author: McEvers, Lisa K. Fair

Highlight: A violation of the Sixth Amendment right to counsel does not occur unless the government knowingly intrudes into the attorney-client relationship and the intrusion prejudices the defendant or creates a substantial threat of prejudice.   

A correctional facility’s policy of allowing inmates or their attorneys to register attorney telephone numbers as confidential numbers not to be monitored does not constitute a violation of N.D.C.C. § 12-44.1-14(1), which requires correctional facilities to provide inmates confidential access to their attorneys.

State v. Aune 2021 ND 7
Docket No.: 20200159
Filing Date: 1/12/2021
Case Type: Appeal - Criminal - Homicide
Author: McEvers, Lisa K. Fair

Highlight: A defendant may not challenge a jury verdict as inconsistent based upon an alleged error he invited by requesting an instruction on a lesser included offense. If a defendant does not object to the introduction of prior convictions at sentencing, and the prior convictions were not relied upon to enhance the term of incarceration, the appropriate standard of review is obvious error. It is not error to consider a defendant’s prior convictions as a part of their criminal history under N.D.C.C. § 12.1-32-04 if there has been no showing that the prior convictions were uncounseled and without proper waiver.

Estate of Seidel v. Seidel, et al. 2021 ND 6
Docket No.: 20200148
Filing Date: 1/12/2021
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Highlight: The primary purpose in interpreting a deed is to ascertain and effectuate the grantor’s intent at the time of the conveyance. The intent must be ascertained from the writing alone, if possible.

Gravel and other surface minerals are transferred with the surface estate unless specifically reserved by name in the conveyance.

Neppel, et al. v. Development Homes, et al. 2021 ND 5
Docket No.: 20200036
Filing Date: 1/12/2021
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: McEvers, Lisa K. Fair

Highlight: The district court did not abuse its discretion when it denied an untimely motion to amend the complaint.

An award of attorney fees under N.D.C.C. § 25-01.2-17 requires the successful enforcement of a right guaranteed by the Developmental Disability Act.

The tort of intentional infliction of emotional stress requires a reasonable finding of extreme and outrageous conduct that goes beyond all possible bounds of decency, which is a strenuously high standard.

Issues that are moot will generally not be addressed on appeal.

State v. Evanson (consolidated w/20200057) 2021 ND 4
Docket No.: 20200056
Filing Date: 1/12/2021
Case Type: Appeal - Criminal - Theft
Author: McEvers, Lisa K. Fair

Highlight: When a defendant fails to object to the introduction of prior convictions at sentencing, and the court did not substantially rely on the convictions as the basis for enhancing a defendant’s sentence or increasing their offense level, obvious error is the appropriate standard of review. A defendant cannot establish obvious error if they cannot first establish that an error has occurred.

Brendel Construction v. WSI 2021 ND 3
Docket No.: 20200161
Filing Date: 1/12/2021
Case Type: Appeal - Administrative - Workers Compensation
Author: Jensen, Jon J.

Highlight: On review of an administrative law judge’s findings of fact, this Court determines only whether a reasoning mind reasonably could have determined the findings were proven by the weight of the evidence from the entire record.

Section 65-06-26.2(1), N.D.C.C., allows for the imposition of derivative liability against a general contractor without proof the underling assessment of liability against the subcontractor is final.

Usage of the wage cap in effect per employee reported in the previous payroll report to calculate the amount of the late premiums is permitted under N.D.C.C. § 65-04-19.

Section 28-32-42(1), N.D.C.C., sets the times for appeal for both parties as thirty days from the date of the administrative decision if no petition for reconsideration is timely filed, thirty days after a decision on a petition for reconsideration if a petition is timely filed, or thirty days after the timely filing of a petition for reconsideration if no decision has been issued on the petition.

Potts v. City of Devils Lake, et al. 2021 ND 2
Docket No.: 20200144
Filing Date: 1/12/2021
Case Type: Appeal - Civil - Employer/Employee Dispute
Author: Crothers, Daniel John

Highlight: Under North Dakota law no public policy exception to the at-will employment doctrine exists for law enforcement officers who act in self-defense.

Melaas v. Diamond Resorts U.S. Collection Development 2021 ND 1
Docket No.: 20200055
Filing Date: 1/12/2021
Case Type: Appeal - Civil - Contracts
Author: McEvers, Lisa K. Fair

Highlight: An order compelling arbitration and dismissing the action is appealable.

A party’s claim that they lacked the capacity to contract, which challenges the existence of the contract, must be decided by the court before arbitration can be ordered under an arbitration provision contained in the contract.

Interest of Buller 2020 ND 270
Docket No.: 20200168
Filing Date: 12/17/2020
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Jensen, Jon J.

Highlight: The State’s second petition seeking civil commitment of a sexually dangerous individual was not barred by res judicata.

This Court will not consider an argument that is not adequately articulated, supported, and briefed.

Atkins v. State 2020 ND 269
Docket No.: 20200077
Filing Date: 12/17/2020
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Jensen, Jon J.

Highlight: Court-appointed appellate counsel is not permitted to file an Anders brief in post-conviction relief proceedings.