Opinions

State v. Polk 2020 ND 248
Docket No.: 20200108
Filing Date: 11/19/2020
Case Type: Appeal - Criminal - Assault
Author: VandeWalle, Gerald

Highlight: A victim’s testimony alone is sufficient to establish all the elements of a crime.

Under North Dakota Rules of Evidence 608(b), specific instances of conduct, excluding criminal convictions under Rule 609, must be inquired into only on cross-examination for impeachment purposes.

State v. Conry 2020 ND 247
Docket No.: 20200101
Filing Date: 11/19/2020
Case Type: Appeal - Criminal - Other
Author: Crothers, Daniel John

Highlight: The State possesses no statutory right to appeal a restitution order in a criminal case.

State v. Richardson 2020 ND 246
Docket No.: 20200083
Filing Date: 11/19/2020
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: Criminal conviction for felony reckless endangerment summarily affirmed under N.D.R.App.P 35.1(a)(3).

Christianson v. NDDOT 2020 ND 245
Docket No.: 20200114
Filing Date: 11/19/2020
Case Type: Appeal - Administrative - Department of Transportation
Author: Tufte, Jerod E.

Highlight: The Canadian statute making it illegal to drive while intoxicated defines an offense equivalent to North Dakota’s driving under the influence offense for purposes of N.D.C.C. § 39-06-27(1). The Department has jurisdiction to suspend an operator’s license for a conviction under the Canadian statute.

A hearing officer does not fail to provide a fair and impartial hearing by holding separate administrative hearings for suspension based on a foreign administrative suspension and foreign criminal conviction.

State v. Wilkinson 2020 ND 244
Docket No.: 20200117
Filing Date: 11/19/2020
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Criminal conviction for gross sexual imposition is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

WSI v. Oden 2020 ND 243
Docket No.: 20190242
Filing Date: 11/19/2020
Case Type: Appeal - Administrative - Workers Compensation
Author: Jensen, Jon J.

Highlight: Valid service of process is necessary to assert personal jurisdiction over a defendant. If a defendant challenges the court’s exercise of personal jurisdiction, the plaintiff bears the burden of proving jurisdiction exists. The plaintiff must make a prima facie showing of jurisdiction to defeat a motion to dismiss for lack of personal jurisdiction. If the court relies only on pleadings and affidavits, the court must look at the facts in the light most favorable to the plaintiff.

Although an evidentiary hearing on a motion to dismiss for lack of subject matter jurisdiction, lack of personal jurisdiction, or insufficiency of service of process may be preferable under certain circumstances, the district court nonetheless retains wide discretion and considerable procedural leeway in deciding the motion.
A district court’s decision whether to grant jurisdictional discovery lies within its sound discretion.
WSI has full power and authority to hear and determine all questions within its jurisdiction, and its decisions are final and are entitled to the same faith and credit as a judgment of a court of record.
Accord and satisfaction is an affirmative defense to a claim. An essential element of accord and satisfaction is an agreement evidencing the parties’ mutual assent.
Except for jurisdictional matters and the taking of judicial notice, the appellate court will generally consider only those issues raised in the district court. The appellate court has discretion whether to grant a parties’ request for judicial notice on appeal.

Grengs v. Grengs 2020 ND 242
Docket No.: 20190339
Filing Date: 11/19/2020
Case Type: Appeal - Civil - Child Support
Author: Jensen, Jon J.

Highlight: The court lacked jurisdiction to resolve a motion to set aside a judgment during a pending appeal.

Whether a stipulated agreement is enforceable will not be addressed for the first time on appeal.

The court did not abuse its discretion holding the obligor spouse in contempt for failing to secure a security interest and mortgage of a limited liability company as required by judgment.

State v. Vaagen 2020 ND 241
Docket No.: 20200006
Filing Date: 11/19/2020
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Crothers, Daniel John

Highlight: The timely filing of a notice of appeal is mandatory and jurisdictional, and cannot be waived by the appellate court.

This Court will not consider an argument that is not adequately articulated, supported, and briefed.

Krolik v. Muscha 2020 ND 240
Docket No.: 20200085
Filing Date: 11/19/2020
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: Failure to observe proper hearing date provided in notice of hearing cannot be imputed to the district court.

Interest of K.R.C.W. (CONFIDENTIAL) 2020 ND 239
Docket No.: 20200246
Filing Date: 11/19/2020
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: A juvenile court may terminate parental rights solely on a finding of deprivation when the child has been in foster care for at least four hundred fifty out of the previous six hundred sixty nights.