Opinions

State v. Hirschkorn 2020 ND 268
Docket No.: 20190404
Filing Date: 12/17/2020
Case Type: Appeal - Criminal - Assault
Author: Tufte, Jerod E.

Highlight: A district court’s decision to exclude evidence on the basis it lacks adequate foundation lies within its sound discretion and will not be reversed on appeal absent an abuse of discretion that affected substantial rights.

To authenticate evidence under N.D.R.Ev. 901(a), the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is.

The proponent of offered evidence need not rule out all possibilities inconsistent with authenticity or conclusively prove that evidence is what it purports to be; rather, the proponent must provide proof sufficient for a reasonable juror to find the evidence is what it purports to be.

A defendant challenging the sufficiency of the evidence on appeal must show that the evidence, when viewed in the light most favorable to the verdict, reveals no reasonable inference of guilt.

McCarvel, et al. v. Perhus, et al. 2020 ND 267
Docket No.: 20200051
Filing Date: 12/17/2020
Case Type: Appeal - Civil - Real Property
Author: VandeWalle, Gerald

Highlight: A district court’s finding that plaintiffs obtained property through boundary by acquiescence is affirmed.

A district court did not abuse its discretion when it refused to award costs and attorney’s fees under N.D.C.C. §§ 28-26-01(2) and 28-26-31.

State v. Foote 2020 ND 266
Docket No.: 20200145
Filing Date: 12/17/2020
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Tufte, Jerod E.

Highlight: This Court, in its review, will not weigh conflicting evidence or judge the credibility of witnesses. We will affirm a district court’s decision on a motion to suppress if there is sufficient competent evidence fairly capable of supporting the trial court’s findings, and the decision is not contrary to the manifest weight of the evidence.

An officer is engaged in the role of community caretaker when the officer approaches a parked vehicle to inquire in a conversational manner whether the occupant is okay or needs assistance. A request that the suspect open the door or roll down the window is permissible, but the same would not be true of an order that he do so.

State v. Sackenreuter 2020 ND 265
Docket No.: 20200176
Filing Date: 12/17/2020
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Crothers, Daniel John

Highlight: N.D.C.C. § 39-08-01(1)(f) is clear and unambiguous.

When a defendant enters a conditional guilty plea, addressing whether a district court erred in rejecting proposed jury instructions amounts to issuing an advisory opinion.

Twete v. Mullin, et al. 2020 ND 264
Docket No.: 20200106
Filing Date: 12/17/2020
Case Type: Appeal - Civil - Real Property
Author: Tufte, Jerod E.

Highlight: As adopted in North Dakota, the Uniform Trust Code (U.T.C.) does not provide for a statutory award of attorney’s fees in cases of breach of trust. The adoption of the U.T.C. without Section 1006 did not displace the limited authority to award attorney’s fees under the common law in cases of breach of trust. The common fund exception does not apply to cases of breach of trust in which the action was brought by the sole beneficiary of the trust.

NBS Consulting v. Harris, et al. 2020 ND 263
Docket No.: 20200203
Filing Date: 12/17/2020
Case Type: Appeal - Civil - Landlord/Tenant
Author: Per Curiam

Highlight: An eviction is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Lindstaedt v. George 2020 ND 262
Docket No.: 20200127
Filing Date: 12/17/2020
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.

Highlight: A district court’s finding of domestic violence is a finding of fact that will not be overturned unless it is clearly erroneous.

We will not reexamine findings of fact made by the trial court upon conflicting evidence, and a choice between two permissible views of the weight of the evidence is not clearly erroneous.

State v. Rodriguez 2020 ND 261
Docket No.: 20200004
Filing Date: 12/17/2020
Case Type: Appeal - Criminal - Sexual Offense
Author: McEvers, Lisa K. Fair

Highlight: A defendant cannot successfully argue their waiver of the Sixth Amendment right to counsel was not voluntary, knowing, and intelligent when the record demonstrates the defendant’s clear desire to represent himself despite an understanding of the risks therein. To challenge a conviction based on the sufficiency of the evidence on appeal, a defendant must move for a judgment of acquittal under N.D.R.Crim.P. 29 at trial. This Court may not consider whether a district court obviously erred if an appellant fails to argue obvious error on appeal.

Discover Bank v. Hornbacher 2020 ND 260
Docket No.: 20200232
Filing Date: 12/17/2020
Case Type: Appeal - Civil - Contracts
Author: Tufte, Jerod E.

Highlight: A stipulation providing for entry of judgment in an amount certain followed by an agreed payment schedule to avoid execution is sufficient to require a district court to enter judgment according to the stipulation.

Sather v. Sather 2020 ND 259
Docket No.: 20200137
Filing Date: 12/17/2020
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: A divorce judgment is final if the district court adjudicates all claims in the divorce proceeding, and does not reserve disposition of an issue.

A district court errs by adopting the parties’ parenting plan without all of the information in N.D.C.C. § 14-09-30(2) being included or, after considering the best interests of the child as required by N.D.C.C. § 14-09-30(1), providing its own findings regarding the same.