Opinions

City of Fargo v. Hofer 2020 ND 252
Docket No.: 20200041
Filing Date: 12/17/2020
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Tufte, Jerod E.

Highlight: A search warrant does not cure defects in an implied consent advisory if the officer is administering a chemical test under the implied consent statute.

Burgum v. Jaeger, et al. 2020 ND 251
Docket No.: 20200298
Filing Date: 11/24/2020
Case Type: Original Proceeding - Civil - Writ of Mandamus
Author: Crothers, Daniel John

Highlight: Votes cast for an ineligible candidate are counted and considered a protest against the eligible candidate.
A governor’s constitutional gap-filling appointment authority does not apply when the law provides a method to fill a vacancy.
A governor’s constitutional gap-filling appointment authority only applies to vacancies in an office, not in a term.
Section 16.1-13-10, N.D.C.C., applies to vacancies occurring in the office of a member of the Legislative Assembly.

Wisham v. State 2020 ND 250
Docket No.: 20200152
Filing Date: 11/19/2020
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Jensen, Jon J.

Highlight: The court did not err in summarily disposing of an application for post-conviction relief after petitioner failed to respond to the State’s motion for summary disposition.

Estate of Moore 2020 ND 249
Docket No.: 20200087
Filing Date: 11/19/2020
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: VandeWalle, Gerald

Highlight: In a case involving expert opinions, a choice between two permissible views of the weight of the evidence is not clearly erroneous.

A district court’s decision under equitable principles will not be reversed on appeal absent an abuse of discretion.

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.