Opinions

Lyons v. State 2021 ND 91
Docket No.: 20200333
Filing Date: 5/20/2021
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) and (7).

Interest of J.B. (CONFIDENTIAL) 2021 ND 90
Docket No.: 20200238
Filing Date: 5/20/2021
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Tufte, Jerod E.

Highlight: The condition that the court may order community placement only when the executive director files a petition requesting it satisfies procedural due process and does not violate the separation of powers doctrine.

State v. Louser, et al. 2021 ND 89
Docket No.: 20200322
Filing Date: 5/20/2021
Case Type: Original Proceeding - Criminal - Writ of Supervision
Author: VandeWalle, Gerald

Highlight: A district court’s role to approve or reject amendments to criminal charges does not violate the separation of powers doctrine.

A district court did not abuse its discretion when it denied a motion to amend a criminal charge and rejected a plea agreement. The court followed the legislative directive, explained why the State negotiated the agreement, and explained the court’s reasons for rejecting it.

Kruger, et al. v. Goossen 2021 ND 88
Docket No.: 20200287
Filing Date: 5/20/2021
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.

Highlight: A district court’s findings of fact after a bench trial are presumptively correct and will not be reversed on appeal unless they are clearly erroneous.

State v. Riggin 2021 ND 87
Docket No.: 20200293
Filing Date: 5/20/2021
Case Type: Appeal - Criminal - Infraction
Author: Jensen, Jon J.

Highlight: Upon the declaration of a state of emergency, the North Dakota Disaster Act of 1985 vests with the governor emergency management powers.

The Legislature may delegate powers which are not exclusively legislative and which the Legislature cannot conveniently do because of the detailed nature.

Where a party fails to provide supporting argument for an issue listed in the appellate brief, the party is deemed to have waived that issue.

Blasi, et al. v. Bruin E&P Partners, et al. (consol. w/ 20200328-331) 2021 ND 86
Docket No.: 20200327
Filing Date: 5/20/2021
Case Type: Certified Question - Civil - Civil
Author: Jensen, Jon J.

Highlight: The following royalty provision in an oil and gas lease unambiguously establishes a royalty valuation point at the well:

Lessee covenants and agrees:

To deliver to the credit of the lessor, free of cost, in the pipeline to which lessee may connect wells on said land, the equal [fractional] part of all oil produced and saved from the leased premises.

Pemberton v. State (consolidated w/20200182) 2021 ND 85
Docket No.: 20200181
Filing Date: 5/20/2021
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Tufte, Jerod E.

Highlight: To be convicted of attempted murder, the accused must have an intent to kill. Attempted “knowing” murder under N.D.C.C. §§ 12.1-06-01 and 12.1-16-01(1)(a) is a non-cognizable offense.

A federal constitutional error is harmless if we are convinced the error did not contribute to the verdict.

Our determination of whether an error is harmless looks at the effect of the error on this jury, rather than speculating whether a hypothetical jury would convict the defendant absent the error. An erroneous jury instruction informing the jury that it could convict a defendant of a non-cognizable offense would not be cured by an appellate court’s determination that the record evidence unmistakably established guilt of a cognizable offense.

Zander, et al. v. Morsette 2021 ND 84
Docket No.: 20200211
Filing Date: 5/13/2021
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.

Highlight: In a wrongful death action, a plaintiff is entitled to damages for injuries resulting from the death. Damages resulting from negligence preceding the death is not compensable under N.D.C.C. §§ 32-21-02 or 32-03.2-04.

At trial, relevant evidence is admissible, and irrelevant evidence is not admissible. Because the defendant admitted liability for the plaintiff’s damages, evidence of the defendant’s intoxication is not relevant in determining compensatory damages.

If a party fails to object to a jury instruction, this Court’s review is limited to whether a plain error exists in the instructions affecting substantial rights.

Punitive damages may be awarded against a defendant whose conduct is oppressive, fraudulent, or malicious. To support a punitive damages claim, the plaintiff must present sufficient evidence to support a finding that a preponderance of the evidence demonstrates conduct with a state of mind evincing an intent to harm or injure another person.

Atkins v. State 2021 ND 83
Docket No.: 20200266
Filing Date: 5/6/2021
Case Type: Appeal - Civil - Post-Conviction Relief
Author: McEvers, Lisa K. Fair

Highlight: A district court may summarily dismiss a successive application for post-conviction relief under N.D.C.C. § 23-32.1-09(1) on its own motion before the State answers when the issues raised in the application have been previously decided by this Court.

An applicant for post-conviction relief is entitled to notice that the application may be summarily dismissed. A court’s failure to provide notice prior to summary dismissal constitutes harmless error if a party fails to establish prejudice.

A district court’s error in dismissing an application for post-conviction relief based on an affirmative defense not pleaded by the State does not prejudice the applicant when the court had alternative statutory authority to summarily dismiss the application.

Lizakowski v. Lizakowski 2021 ND 82
Docket No.: 20200269
Filing Date: 5/6/2021
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: An amended divorce judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2), (4), and (7), and double costs and attorney’s fees are awarded under N.D.R.App.P. 38.