Opinions

Chisholm v. State 2020 ND 19
Docket No.: 20190234
Filing Date: 1/23/2020
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Tufte, Jerod E.

Highlight: District courts are required to dismiss an applicant’s claims of ineffective assistance of postconviction relief counsel in a Uniform Postconviction Procedure Act proceeding.

Res judicata prevents relitigation of claims that were raised, or could have been raised, in prior actions between the same parties.

Appellant’s motions for recusal, to compel discovery, and to correct the record are summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Thomas v. Thomas 2020 ND 18
Docket No.: 20190094
Filing Date: 1/23/2020
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Konkel v. Amb 2020 ND 17
Docket No.: 20190152
Filing Date: 1/23/2020
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: A parent moving to modify parenting time must show that a material change in circumstances has occurred since entry of the prior parenting time order and that the modification is in the child’s best interests.

A district court may clarify a judgment that is vague, uncertain, or ambiguous.

Hauer v. Zerr, et al. 2020 ND 16
Docket No.: 20190246
Filing Date: 1/23/2020
Case Type: Appeal - Civil - Real Property
Author: Jensen, Jon J.

Highlight: A mistake of law arising out of ignorance of the law rather than a misapprehension of the law does not support the remedy of reformation.

A claim alleging fraud in the inducement does not support the remedy of reformation.

State v. Wallitsch 2020 ND 15
Docket No.: 20190194
Filing Date: 1/23/2020
Case Type: Appeal - Criminal - Assault
Author: Crothers, Daniel John

Highlight: The district court did not obviously err by not providing a curative instruction regarding a potential juror’s comments during voir dire.

Ellis v. WSI 2020 ND 14
Docket No.: 20190252
Filing Date: 1/23/2020
Case Type: Appeal - Administrative - Workers Compensation
Author: Jensen, Jon J.

Highlight: The time for an appeal from a posthearing administrative order is governed by N.D.C.C. ch. 65-10 and ch. 28-32. The Legislature has set the time for an appeal to the district court at thirty days from the date notice of the order has been given as required by N.D.C.C. § 28-32-39, including service by mail.

State v. Lail 2020 ND 13
Docket No.: 20190058
Filing Date: 1/23/2020
Case Type: Appeal - Criminal - Homicide
Author: VandeWalle, Gerald

Highlight: In murder for hire cases, taking actions that could reasonably lead to the hired individual committing the solicited killing constitute a substantial step in attempting to commit the underlying crime.

Solicitation accompanied by an offering of a specific amount of money and assisting in formulating a plan to commit murder were concrete steps toward the commission of the crime.

Minn-Kota Ag Products, Inc. v. N.D. Public Service Commission, et al. 2020 ND 12
Docket No.: 20190127
Filing Date: 1/23/2020
Case Type: Appeal - Civil - Administrative Proceeding
Author: VandeWalle, Gerald

Highlight: Any person who is directly interested in the proceedings before an administrative agency, who is factually aggrieved by the decision of the agency, and who participates in the proceedings before the agency is a party and has standing to appeal from the decision of the agency.

Standing does not extend to merely nominal parties who are not aggrieved.

Appellate review of PSC findings of fact is limited to whether a reasoning mind reasonably could have determed that the factual conclusions reached were proven by the weight of the evidence from the entire record.
We review an administrative law judge’s denial of a petition to intervene under the same standard as we review an agency’s decision.

Simply having a substantial interest in or being substantially affected by the outcome of an agency proceeding is not a showing of good cause to intervene late.

Cook v. Cook, et al. 2020 ND 11
Docket No.: 20190145
Filing Date: 1/23/2020
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: Technical violations of a court order do not necessarily require a finding of contempt.
A court is not required to make an explicit finding of contempt when no further remedy would result and the only purpose would be to taint the alleged contemnor.
When a matter is left to the broad discretion of the district court, it is envisioned there is a broad range of factual scenarios in which the court is left to make its choice, and whichever choice it makes will be upheld on appeal.

Reineke v. N.D. Dep't of Transportation 2020 ND 10
Docket No.: 20190250
Filing Date: 1/23/2020
Case Type: Appeal - Administrative - Department of Transportation
Author: Crothers, Daniel John

Highlight: Suspension of a driver's license must be done in accordance to law.