Opinions

Three Aces Properties v. United Rentals (North America) 2020 ND 258
Docket No.: 20200032
Filing Date: 12/17/2020
Case Type: Appeal - Civil - Real Property
Author: Crothers, Daniel John

Highlight: Cost of repairs or diminution of value are both appropriate measure of damages for a breach of contract claim related to a duty to repair under a lease.

Everett v. State 2020 ND 257
Docket No.: 20200099
Filing Date: 12/17/2020
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Tufte, Jerod E.

Highlight: Orders denying leave to file are not appealable.

Curtiss v. State 2020 ND 256
Docket No.: 20200175
Filing Date: 12/17/2020
Case Type: Appeal - Civil - Other
Author: Jensen, Jon J.

Highlight: Any attempt to avoid, defeat or evade a judgment, or to deny its force and effect, in some incidental proceeding not provided for by law, with the express purpose of obtaining relief from that judgment is a collateral attack.

The Uniform Postconviction Procedure Act is the exclusive remedy for collaterally challenging the judgment of a conviction.

State v. Bolme 2020 ND 255
Docket No.: 20200090
Filing Date: 12/17/2020
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Jensen, Jon J.

Highlight: Under the reasonable suspicion standard, an officer is not required to see a motorist violating a traffic law or rule out every potential innocent excuse for the behavior in question before stopping a vehicle for investigation.

The mere odor of marijuana, detected by a trained and experienced officer, creates a sufficient factual basis to establish probable cause.

Rentz v. BNSF Railway Co. 2020 ND 254
Docket No.: 20200074
Filing Date: 12/17/2020
Case Type: Appeal - Civil - Personal Injury
Author: Jensen, Jon J.

Highlight: Rule 615, N.D.R.Ev., serves the twin purposes of (1) preventing one witness’ testimony from influencing the testimony of other witnesses; and (2) aiding in detecting false testimony and credibility issues.

The designation of a trial representative pursuant to Rule 615, N.D.R.Ev., is not equivalent to the designation of an organization representative for purpose of deposition testimony as required by Rule 30(b)(6), N.D.R.Civ.P.

A lay witness may testify to a matter to which they have personal knowledge.

The decision to grant or deny a new trial rests within the sound discretion of the trial court, and its decision will not be set aside on appeal absent an affirmative showing of a manifest abuse of discretion.

Pursuant to the “harmless error” rule, Rule 61, N.D.R.Civ.P., only errors or defects which affect substantial rights of the parties will warrant a new trial.

Kuntz v. Leiss, et al. 2020 ND 253
Docket No.: 20200119
Filing Date: 12/17/2020
Case Type: Appeal - Civil - Real Property
Author: VandeWalle, Gerald

Highlight: A property owner must prove actual injury to recover more than nominal damages on a trespass claim.

Failure to award nominal damages does not warrant reversal of a judgment unless a significant right or a question of costs is involved.

Pursuant to N.D.C.C. § 32-03.2-11, a party must move to amend the pleadings to claim exemplary damages.

City of Fargo v. Hofer 2020 ND 252
Docket No.: 20200041
Filing Date: 12/17/2020
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Tufte, Jerod E.

Highlight: A search warrant does not cure defects in an implied consent advisory if the officer is administering a chemical test under the implied consent statute.

Burgum v. Jaeger, et al. 2020 ND 251
Docket No.: 20200298
Filing Date: 11/24/2020
Case Type: Original Proceeding - Civil - Writ of Mandamus
Author: Crothers, Daniel John

Highlight: Votes cast for an ineligible candidate are counted and considered a protest against the eligible candidate.
A governor’s constitutional gap-filling appointment authority does not apply when the law provides a method to fill a vacancy.
A governor’s constitutional gap-filling appointment authority only applies to vacancies in an office, not in a term.
Section 16.1-13-10, N.D.C.C., applies to vacancies occurring in the office of a member of the Legislative Assembly.

Wisham v. State 2020 ND 250
Docket No.: 20200152
Filing Date: 11/19/2020
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Jensen, Jon J.

Highlight: The court did not err in summarily disposing of an application for post-conviction relief after petitioner failed to respond to the State’s motion for summary disposition.

Estate of Moore 2020 ND 249
Docket No.: 20200087
Filing Date: 11/19/2020
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: VandeWalle, Gerald

Highlight: In a case involving expert opinions, a choice between two permissible views of the weight of the evidence is not clearly erroneous.

A district court’s decision under equitable principles will not be reversed on appeal absent an abuse of discretion.