Opinions

Jundt v. NDDOT 2020 ND 232
Docket No.: 20200115
Filing Date: 11/19/2020
Case Type: Appeal - Administrative - Department of Transportation
Author: Crothers, Daniel John

Highlight: The implied consent requirements of N.D.C.C. § 39-20-01 do not apply when an individual consents to a chemical test.

State v. Hajicek 2020 ND 231
Docket No.: 20200071
Filing Date: 11/19/2020
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Crothers, Daniel John

Highlight: Pursuant to N.D.C.C. § 44-08-20(3), a law enforcement officer acting outside of his jurisdiction may lawfully respond to a request for assistance from an officer within his jurisdiction, even if the request is solicited by the out-of-jurisdiction officer.

An issue will not be considered on appeal if the issue was not raised in the appellate brief.

Vacancy in Judgeship No. 5, Northeast Judicial District 2020 ND 230
Docket No.: 20200264
Filing Date: 11/6/2020
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: The vacancy in Judgeship No. 5 at Cavalier and Langdon, Northeast Judicial District, will be filled in the manner provided by N.D.C.C. Chapter 27-25.

Disciplinary Board v. Hibl 2020 ND 229
Docket No.: 20200235
Filing Date: 10/29/2020
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer disbarred.

Discover Bank v. Bolinske, Sr. 2020 ND 228
Docket No.: 20200098
Filing Date: 10/27/2020
Case Type: Appeal - Civil - Debtor/Creditor
Author: McEvers, Lisa K. Fair

Highlight: This Court will not consider documents in a party’s appendix that did not appear in the district court’s record under N.D.R.App.P. 30(a)(1). A party is not entitled to oral argument on a motion to vacate unless they follow the requirements of N.D.R.Ct. 3.2(a)(3) and secure a time for the argument within 14 days of the request. Issues not adequately briefed will not be addressed on appeal. A party’s appearance, without a pleading showing a meritorious defense, does not protect a party from default judgment. The district court was not required under N.D.R.Civ.P. 52(a)(3) to set forth findings of fact in its order denying the motion to vacate.

Estate of Finstrom (Consolidated with 20190361) 2020 ND 227
Docket No.: 20190360
Filing Date: 10/26/2020
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Crothers, Daniel John

Highlight: Undue influence is improper influence exercised over a grantor in such a way and to such an extent as to destroy his or her voluntary action by substituting for his will the will of another.
The essential element in recovering under the doctrine of unjust enrichment is the receipt of a benefit by the defendant from the plaintiff which would be inequitable to retain without paying for its value.
Res judicata prevents relitigation of claims that were raised, or could have been raised, in prior actions between the same parties or their privies.
In an unsupervised probate, each proceeding before the court is independent of any other proceeding involving the same estate.
Testamentary capacity is examined at the time a will or codicil is executed.

Matter of Hehn 2020 ND 226
Docket No.: 20190353
Filing Date: 10/21/2020
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: McEvers, Lisa K. Fair

Highlight: Civil commitment decisions require detailed findings, including credibility determinations and references to evidence the court relied on in making its decision. Conclusory, general findings do not comply with N.D.R.Civ.P. 52(a).

Titan Machinery v. Kluver 2020 ND 225
Docket No.: 20200021
Filing Date: 10/21/2020
Case Type: Appeal - Civil - Contracts
Author: Tufte, Jerod E.

Highlight: In a bench trial, the district court decides credibility issues, and we will not second-guess the district court on its credibility decisions.

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

Hunter v. State 2020 ND 224
Docket No.: 20200160
Filing Date: 10/21/2020
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Crothers, Daniel John

Highlight: Claims barred by res judicata are not preserved in post-conviction relief proceedings by combining them with claims of ineffective assistance of counsel.

Failure to show prejudice on an ineffective assistance of counsel claim results in failure of that claim.

WSI v. Tolman 2020 ND 223
Docket No.: 20200025
Filing Date: 10/21/2020
Case Type: Appeal - Administrative - Workers Compensation
Author: VandeWalle, Gerald

Highlight: Statutory interpretation presents a question of law. Statutory provisions are given their plain, ordinary, and commonly understood meaning unless a contrary intention plainly appears.

For purposes of WSI benefits, a compensable injury includes a mental or psychological condition caused by a physical injury, but only when the physical injury is determined with reasonable medical certainty to be at least fifty percent of the cause of the condition as compared with all other contributing causes combined, and only when the condition did not preexist the work injury.