Opinions

City of Jamestown v. Casarez 2021 ND 71
Docket No.: 20200279
Filing Date: 4/20/2021
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Crothers, Daniel John

Highlight: An ordinance is not in conflict with a statute where it does not allow that which the statute expressly prohibits.

Jamestown Municipal Code § 21-04-06 is not in direct conflict with N.D.C.C. § 39-08-01.

A person is seized within the meaning of the Fourth Amendment of the United States Constitution only if, in view of all the circumstances surrounding the incident, a reasonable person would have believed he was not free to leave.

Under the Fourth Amendment of the United States Constitution, an officer may, in appropriate circumstances and in an appropriate manner, detain an individual for investigative purposes when there is no probable cause to make an arrest if a reasonable and articulable suspicion exists that criminal activity is afoot.

Big Pines v. Baker, et al. 2021 ND 70
Docket No.: 20200237
Filing Date: 4/20/2021
Case Type: Appeal - Civil - Landlord/Tenant
Author: Crothers, Daniel John

Highlight: A personal guaranty allowing the guarantee to proceed directly against the guarantor without first proceeding against the principal is absolute and unconditional.

Under an absolute guaranty, the guarantor is liable to the guarantee immediately upon the default of the principal.

A decision on an award of attorney’s fees rests in the sound discretion of the district court.

The Supreme Court and the district courts possess concurrent jurisdiction to award attorney’s fees on appeal; however a preference exists that the initial determination be made by the district court.

State v. Landis 2021 ND 69
Docket No.: 20200323
Filing Date: 4/20/2021
Case Type: Appeal - Criminal - Homicide
Author: Per Curiam

Highlight: A district court’s criminal judgment following a jury verdict is summarily affirmed under N.D.R.App.P 35.1(a)(3).

State ex rel. Stenehjem v. Maras, et al. 2021 ND 68
Docket No.: 20200304
Filing Date: 4/20/2021
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.

Highlight: The notice requirements for claims against the State of North Dakota or a state employee under N.D.C.C. § 32-12.2-04(1) apply to counterclaims.

Entry of default judgment as a sanction for discovery abuse may be imposed when there is a deliberate or bad-faith non-compliance that constitutes a flagrant abuse or disregard for the discovery rules.

Interest of A.G. (CONFIDENTIAL) 2021 ND 67
Docket No.: 20210075
Filing Date: 4/20/2021
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: Juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

State v. Rennie 2021 ND 66
Docket No.: 20200307
Filing Date: 4/14/2021
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: The district court did not abuse its discretion by not dismissing the case for failure to timely produce discovery materials.

Interest of F.M.G. (CONFIDENTIAL) 2021 ND 65
Docket No.: 20210087
Filing Date: 4/14/2021
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

Highlight: A district court’s continuing treatment order is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Interest of S.R. (CONFIDENTIAL)(consolidated w/20200215) 2021 ND 64
Docket No.: 20200214
Filing Date: 4/7/2021
Case Type: Appeal - Civil - Juvenile Law
Author: Per Curiam

Highlight: A juvenile court’s findings of continued deprivation and orders keeping two children in the custody of Three Rivers Human Service Zone are summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Kaspari v. Kaspari 2021 ND 63
Docket No.: 20200258
Filing Date: 4/5/2021
Case Type: Appeal - Civil - Divorce - Property
Author: VandeWalle, Gerald

Highlight: Under N.D.C.C. § 14-05-24.1(1), an award of spousal support must be for “a limited period of time.” An award of spousal support “until death or remarriage” does not comply with N.D.C.C. § 14-05-24.1(1) because it is indefinite and lacks a fixed duration.

Great Plains Royalty Corp. v. Earl Schwartz Co., et al. 2021 ND 62
Docket No.: 20200133
Filing Date: 4/5/2021
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: McEvers, Lisa K. Fair

Highlight: Standing is the concept used to determine whether a party is sufficiently affected to ensure a justiciable controversy exists.

The law of the case doctrine precludes parties from relitigating issues resolved in a prior appeal or issues that would have been resolved had they been properly presented.

Collateral estoppel, or issue preclusion, forecloses relitigation of issues that were decided in a prior action or by necessary implication must have been litigated and decided.

When the district court’s rationale is unclear, remand is appropriate.

Slander of title requires evidence that the defendant acted with malice.

Conversion and unjust enrichment are distinct causes of action.