Opinions

State v. Vogt 2019 ND 236
Docket No.: 20190124
Filing Date: 10/3/2019
Case Type: Appeal - Criminal - Sexual Offense
Author: VandeWalle, Gerald

Highlight: A defendant seeking post-conviction relief cannot circumvent the Uniform Postconviction Procedure Act by designating his application for post-conviction relief as a motion under a rule of criminal procedure or by filing his motion in his criminal file, rather than filing an application for post-conviction relief.
Applicant for post-conviction relief is entitled to notice that his application may be summarily dismissed.

Interest of G.D-M. (CONFIDENTIAL) (consol. w/ 20190233) 2019 ND 235
Docket No.: 20190232
Filing Date: 10/3/2019
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: Orders terminating father’s parental rights are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).

Cichos, et al. v. Dakota Eye Institute, P.C., et al. 2019 ND 234
Docket No.: 20180347
Filing Date: 9/24/2019
Case Type: Appeal - Civil - Malpractice
Author: Tufte, Jerod E.

Highlight: For public policy reasons, there is no third-party duty owed by a physician to warn a patient of the danger of driving with a latent condition. A purely economic claim against a physician based on indemnity for medical malpractice is assignable from a patient to a third party who was injured as a result of the malpractice. Under N.D.C.C. § 28-01-46, an affidavit has a low threshold to meet the requirements.

Franciere v. City of Mandan (Cross-referenced) 2019 ND 233
Docket No.: 20190122
Filing Date: 9/12/2019
Case Type: Appeal - Civil - Other
Author: Jensen, Jon J.

Highlight: A district court must rule on a motion to dismiss for insufficiency of service and lack of personal jurisdiction before adjudicating the merits of a claim.

Interest of Hoff 2019 ND 232
Docket No.: 20190066
Filing Date: 9/12/2019
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

Highlight: A district court order denying discharge from civil commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Alvarado v. N.D. Dept. of Transportation 2019 ND 231
Docket No.: 20190032
Filing Date: 9/12/2019
Case Type: Appeal - Administrative - Department of Transportation
Author: Jensen, Jon J.

Highlight: Without a valid request for testing, including a valid advisory, there can be no refusal to submit to testing under N.D.C.C. §§ 39-20-01(3)(a) or 39-08-01(2).

Larson, et al. v. Tonneson, et al. 2019 ND 230
Docket No.: 20180169
Filing Date: 9/12/2019
Case Type: Appeal - Civil - Real Property
Author: VandeWalle, Gerald

Highlight: In an appeal from a bench trial, the district court’s findings of fact are reviewed under the clearly erroneous standard of review, and its conclusions of law are fully reviewable.
To satisfy the elements for adverse possession, the acts on which the claimant relies must be actual, visible, continuous, notorious, distinct, and hostile, and of such character to unmistakably indicate an assertion of claim of exclusive ownership by the occupant.
While adverse possession generally cannot be obtained against a public entity, title may be acquired by adverse possession when a roadway has been unopened to public use, an offer to dedicate it has been unaccepted, or it has been vacated or abandoned.
Whether an adverse possession has occurred presents a question of fact, which will not be reversed on appeal unless clearly erroneous.

State v. Greenshields 2019 ND 229
Docket No.: 20190105
Filing Date: 8/29/2019
Case Type: Appeal - Criminal - Sexual Offense
Author: McEvers, Lisa K. Fair

Highlight: When the dismissal of a criminal count or entire complaint is silent whether it is with or without prejudice, it is ambiguous and examination of the parties and the district court’s intent is required.

Pennington, et al. v. Continental Resources, Inc. 2019 ND 228
Docket No.: 20190063
Filing Date: 8/27/2019
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Crothers, Daniel John

Highlight: Oil and gas leases are interpreted as a whole to give effect to every part if reasonably practicable.
A force majeure clause in a contract allocates the risk of loss if performance becomes impossible or impracticable as a result of an event or effect that the parties could not have anticipated or controlled.
A party relying on an express force majeure clause in a contract must provide proof that the failure to perform was proximately caused by a contingency and that, in spite of the party’s skill, diligence, and good faith, performance remains impossible or unreasonably expensive.

State v. Johns 2019 ND 227
Docket No.: 20180431
Filing Date: 8/26/2019
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Crothers, Daniel John

Highlight: A completed deferred imposition of sentence that has resulted in dismissal of the charge involving a prior conviction under N.D.C.C. title 19-03.4 can not be used to enhance a subsequent charge of unlawful possession of drug paraphernalia.