Opinions

City of West Fargo v. Medbery 2021 ND 81
Docket No.: 20200222
Filing Date: 5/6/2021
Case Type: Appeal - Criminal - Other
Author: McEvers, Lisa K. Fair

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

When a law enforcement officer approaches a parked vehicle to inquire in a conversational manner whether an occupant is okay or needs assistance, the officer is engaged in community caretaking. A community caretaking encounter can lead to a lawful seizure under the Fourth Amendment, provided the officer undertakes the caretaking encounter to aid a person in apparent need of assistance, and during the encounter the officer develops a reasonable and articulable suspicion of criminal activity.

State v. Lafromboise 2021 ND 80
Docket No.: 20200294
Filing Date: 5/6/2021
Case Type: Appeal - Criminal - Misc. Felony
Author: Crothers, Daniel John

Highlight: A district court’s decision to grant an extension or a continuance for good cause will not be reversed on appeal unless the court abused its discretion.

Interest of K.V. (CONFIDENTIAL) 2021 ND 79
Docket No.: 20200257
Filing Date: 5/6/2021
Case Type: Appeal - Criminal - Juvenile Law
Author: McEvers, Lisa K. Fair

Highlight: Concerns about officer safety may justify a pat down search for weapons, but a subsequent pocket search must be justified as independently reasonable because they are distinct efforts. A pat down may justify a pocket search when an officer’s tactile perceptions lead to the conclusion the subject possesses a weapon or it is clear from the plain feel the object felt during the pat down is contraband.

The odor of marijuana alone is not sufficient to establish probable cause to search a passenger in a vehicle, but it is a factor that may contribute to a finding of probable cause to conduct a warrantless search under the totality of the circumstances.

Shaw v. State 2021 ND 78
Docket No.: 20200190
Filing Date: 4/28/2021
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 P.F. (CONFIDENTIAL) (consolidated w/20200284) 2021 ND 77
Docket No.: 20200283
Filing Date: 4/28/2021
Case Type: Appeal - Civil - Juvenile Law
Author: Per Curiam

Highlight: A juvenile court order finding children to be deprived is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Interest of J.O. (CONFIDENTIAL) 2021 ND 76
Docket No.: 20200194
Filing Date: 4/20/2021
Case Type: Appeal - Civil - Juvenile Law
Author: VandeWalle, Gerald

Highlight: The termination of a guardianship in one case does not create a factual presumption that a guardianship in a related case should be terminated.

Under N.D.C.C. § 27-20.1-16(3)(c), a petitioner must show by clear and convincing evidence that the circumstances that led to the guardianship no longer exist.

A juvenile court does not need to find exceptional circumstances to extend a guardianship.

Under N.D.C.C. § 27-20.1-17(1), a juvenile court does not need to use the words “good cause” to make a finding rising to the level of good cause.

Sollin, et al. v. Klein 2021 ND 75
Docket No.: 20200202
Filing Date: 4/20/2021
Case Type: Appeal - Civil - Other
Author: Jensen, Jon J.

Highlight: A party may waive a personal jurisdiction argument by voluntarily submitting to the personal jurisdiction of the court.

A continuance is the proper remedy for a party claiming unfair surprise.

Before a restraining order may be granted, the petitioner must prove their petition through testimony, rather than by affidavits alone, with an opportunity for cross-examination.

N.B. et al. v. Terwilliger, et al. 2021 ND 74
Docket No.: 20200185
Filing Date: 4/20/2021
Case Type: Appeal - Civil - Personal Injury
Author: VandeWalle, Gerald

Highlight: When a district court answers a jury’s question on a point of law, it is further instructing the jury.

No law requires a district court to give a jury an instruction on the authority to place property in a trust under N.D.C.C. § 30.1-29-09.

Under N.D.R.Civ.P. 59(g), conformance to the evidence and the district court’s instructions negates any assertion that the verdict was rendered under passion or prejudice.

An inadequate jury award provides a basis for a new trial when it is without support in the evidence.

Schmitz v. State Board of Chiropractic Examiners 2021 ND 73
Docket No.: 20200310
Filing Date: 4/20/2021
Case Type: Appeal - Civil - Other
Author: VandeWalle, Gerald

Highlight: A court must accept as true the well-pleaded allegations in the complaint for purposes of a motion to dismiss under N.D.R.Civ.P. 12(b)(6).

City of Glen Ullin, et al. v. Schirado, et al. 2021 ND 72
Docket No.: 20200345
Filing Date: 4/20/2021
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Crothers, Daniel John

Highlight: Summary judgment is appropriate where there is no dispute as to the material facts or the inferences to be drawn from the undisputed facts, or whenever only a question of law is involved.

A party resisting summary judgment cannot rely only on the pleadings, but must present competent admissible evidence raising an issue of material fact.

A district court’s award of attorney’s fees will not be reversed absent an abuse of discretion.