Opinions

State v. Bee 2021 ND 61
Docket No.: 20200261
Filing Date: 3/24/2021
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Tufte, Jerod E.

Highlight: The Fourth Amendment to the United States Constitution and article I, § 8, of the North Dakota Constitution protect individuals in their houses against unreasonable searches and seizures. But a warrantless search is not unreasonable if the search of the home falls under one of the exceptions to the warrant requirement.

When no exception exists, any evidence seized is inadmissible under the exclusionary rule and must be suppressed.

State v. Glasser (consolidated w/20200221) 2021 ND 60
Docket No.: 20200220
Filing Date: 3/24/2021
Case Type: Appeal - Criminal - Sexual Offense
Author: Tufte, Jerod E.

Highlight: Any attempt by the trial court to amend or modify a final judgment is void unless it is made upon grounds provided by statute or by the Rules of Criminal Procedure for correcting or amending a judgment.

Command Center v. Renewable Resources, et al. 2021 ND 59
Docket No.: 20200017
Filing Date: 3/24/2021
Case Type: Appeal - Civil - Debtor/Creditor
Author: VandeWalle, Gerald

Highlight: In an appeal from a bench trial, the trial court’s findings of fact are reviewed under the clearly erroneous standard and its conclusions of law are fully reviewable.

In a bench trial, the trial court decides credibility issues and the supreme court on appeal does not second-guess the trial court on its credibility determinations.

A trial court’s decision to admit or exclude evidence will not be reversed on appeal unless it has abused its discretion.

Business records may be properly admitted into evidence under the business records exception to the hearsay rule.

Indemnity is an equitable remedy which permits a party to recover reimbursement from another for the discharge of a liability that, as between the two parties, should have been discharged by the other.

Somerset Court, et al. v. Burgum, et al. 2021 ND 58
Docket No.: 20200292
Filing Date: 3/24/2021
Case Type: Appeal - Civil - Other
Author: McEvers, Lisa K. Fair

Highlight: A party waives an issue by not providing supporting arguments, reasoning, or citations to relevant legal authority.

A party abandons an argument by failing to raise it in the party’s appellate brief.

Ryberg, et al. v. Landsiedel 2021 ND 56
Docket No.: 20200189
Filing Date: 3/24/2021
Case Type: Appeal - Civil - Personal Injury
Author: Crothers, Daniel John

Highlight: A settlement agreement is a contract between parties, and thus contract law applies.

The law looks with favor upon compromise and settlement of controversies between parties, and where the settlement is fairly entered into, it should be considered as disposing of all disputed matters which were contemplated by the parties at the time of the settlement.

When a settlement is fairly made before trial, it takes on the character of a contract between the parties and is final and conclusive, and based on good consideration.

Courts will not enforce a contract which is vague, indefinite, or uncertain, nor will they make a new contract for the parties. An oral contract can be enforced only when the parties have agreed on its essential terms.

State v. Richter 2021 ND 55
Docket No.: 20200351
Filing Date: 3/24/2021
Case Type: Appeal - Criminal - Misc. Felony
Author: VandeWalle, Gerald

Highlight: Attempted promotion of obscenity to minors is not a cognizable offense.

State v. Neugebauer 2021 ND 54
Docket No.: 20200278
Filing Date: 3/24/2021
Case Type: Appeal - Criminal - Homicide
Author: Tufte, Jerod E.

Highlight: Once a judgment is final, the district court generally loses jurisdiction to alter, amend, or modify that judgment. Unless grounds are provided by statute or by the Rules of Criminal Procedure for correcting or amending a judgment, any attempt by the district court to amend or modify a final judgment is void.

Any party who has timely served and filed a brief requests oral argument, the request must be granted. If a trial court errs in denying a party’s motion without oral argument, the remedy is a remand to allow for oral argument.

Pioneer State Mutual Insurance Co. v. Bear Creek Gravel, et al. 2021 ND 53
Docket No.: 20200170
Filing Date: 3/24/2021
Case Type: Appeal - Civil - Insurance
Author: Crothers, Daniel John

Highlight: Whether a vehicle has been furnished for regular use is a conclusion of fact.

A finding of fact will not be overturned on appeal unless clearly erroneous.

Reasonable time and place restrictions on the use of a vehicle could lead to a conclusion the vehicle was not furnished for a person’s regular use.

State v. Borland 2021 ND 52
Docket No.: 20200053
Filing Date: 3/24/2021
Case Type: Appeal - Criminal - Homicide
Author: Jensen, Jon J.

Highlight: A defendant waives the constitutional protection against being placed in double jeopardy after a verdict or judgment against them is set aside at their own instance, either by motion in trial court or upon successful appeal.

The circumstances under which such a defendant may invoke the bar of double jeopardy in a second effort to try him are limited to those cases in which the conduct giving rise to the successful motion for a mistrial was intended to provoke the defendant into moving for a mistrial.

When analyzing a constitutional speedy trial claim, this Court considers the length of the delay, the reason for the delay, the accused’s assertion of the right to a speedy trial, and the prejudice to the accused.

Tebay v. State (consolidated w/ 20200317) 2021 ND 51
Docket No.: 20200316
Filing Date: 3/24/2021
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)(6).