Opinions

Swanson v. Larson, et al. 2021 ND 0216
Docket No.: 20210125
Filing Date: 12/9/2021
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: Generally, when a contract is silent as to its duration, it is terminable at will by either party.

Conduct establishing a breach of contract does not subject the defendant to a negligence action, unless the defendant’s conduct also establishes a breach of an independent duty that does not arise from the contract.

Swanson v. Larson, et al. 2021 ND 0216
Docket No.: 20210125
Filing Date: 12/9/2021
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

State v. Youngbird 2021 ND 21
Docket No.: 20200167
Filing Date: 2/18/2021
Case Type: Appeal - Criminal - Theft
Author: Tufte, Jerod E.

Highlight: A district court has jurisdiction to amend a criminal judgment to include restitution when the State files the motion to amend within the time limit imposed by the court during sentencing.

When a defendant and the State enter into a plea agreement in which the prosecuting attorney agrees to recommend a particular sentence, that agreement does not resolve restitution and a restitution hearing must be held.

Johnson v. Menard 2021 ND 19
Docket No.: 20200126
Filing Date: 2/18/2021
Case Type: Appeal - Civil - Personal Injury
Author: VandeWalle, Gerald

Highlight: During trial, a party can make a motion for judgment as a matter of law alleging insufficient evidence under N.D.R.Civ.P. 50(a). However, after the jury returns its verdict the party must renew the motion under N.D.R.Civ.P. 50(b) to preserve the sufficiency of the evidence issue for review on appeal.

After removing a small claims court action to district court, amending the complaint does not preclude an award of attorney’s fees under N.D.C.C. § 27-08.1-04.

A court does not abuse its discretion when it uses an itemized bill to award a party attorney’s fees under N.D.C.C. § 27-08.1-04.

Under N.D.C.C. § 27-08.1-04, a prevailing plaintiff should be awarded reasonable attorney’s fees for the district court proceedings and for a successful appeal.

State v. Watson 2021 ND 18
Docket No.: 20200109
Filing Date: 2/18/2021
Case Type: Appeal - Criminal - Sexual Offense
Author: VandeWalle, Gerald

Highlight: A defendant may not withdraw a guilty plea after the court has imposed a sentence unless the defendant proves that withdrawal is necessary to correct a manifest injustice.

Willprecht v. Willprecht 2021 ND 17
Docket No.: 20200195
Filing Date: 2/18/2021
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: A district court’s use, on remand, of its previous Ruff-Fischer guidelines analysis is not by itself clearly erroneous.

The district court must provide a discernable basis for an award of spousal support.

State v. Bear King 2021 ND 16
Docket No.: 20200254
Filing Date: 2/17/2021
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: The criminal judgment entered after a jury verdict is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7).

Interest of A.R.S. (CONFIDENTIAL)(consolidated w/ 20200200) 2021 ND 15
Docket No.: 20200199
Filing Date: 2/10/2021
Case Type: Appeal - Civil - Juvenile Law
Author: Per Curiam

Highlight: District court judgment finding children are deprived is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Munzal v. State 2021 ND 14
Docket No.: 20200216
Filing Date: 2/3/2021
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: An order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).

Matter of Didier 2021 ND 13
Docket No.: 20200217
Filing Date: 2/3/2021
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

Highlight: A district court order denying request for discharge from civil commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2).