Opinions

State v. Wayland 2020 ND 106
Docket No.: 20190274
Filing Date: 5/7/2020
Case Type: Appeal - Criminal - Theft
Author: Jensen, Jon J.

Highlight: Although the reason for the continuance is absent from the record, under de novo review a district court did not violate the Appellant’s right to a speedy trial by continuing the trial to a later date.

Albrecht v. Albrecht, et al. 2020 ND 105
Docket No.: 20190222
Filing Date: 5/7/2020
Case Type: Appeal - Civil - Other
Author: McEvers, Lisa K. Fair

Highlight: A motion to dismiss a complaint under N.D.R.Civ.P. 12(b)(6) tests the legal sufficiency of the statement of the claim presented in the complaint.

A district court’s decision granting a motion to dismiss is reviewed de novo on appeal.

To have standing to litigate an issue, a party must have suffered some injury from the putatively illegal action and must assert the party’s own legal rights and interests.

Arnold, et al. v. Trident Resources, et al. 2020 ND 104
Docket No.: 20190322
Filing Date: 5/7/2020
Case Type: Appeal - Civil - Contracts
Author: Jensen, Jon J.

Highlight: A district court’s order imposing sanctions for contempt did not provide a sufficient record to review the appropriateness of the sanction.

Decker v. WSI, et al. 2020 ND 103
Docket No.: 20200014
Filing Date: 5/7/2020
Case Type: Appeal - Administrative - Workers Compensation
Author: Per Curiam

Highlight: District court judgment affirming an administrative law judge’s decision denying further workers’ compensation benefits is summarily affirmed under N.D.R.App.P. 35.1(a)(5).

Hewitt v. NDDOT 2020 ND 102
Docket No.: 20190389
Filing Date: 5/7/2020
Case Type: Appeal - Administrative - Department of Transportation
Author: McEvers, Lisa K. Fair

Highlight: Copies of official Department of Transportation records may be certified as correct by Department employees who are not acting in a director capacity.

Record custodians are not required to swear an oath of office prior to certifying copies of official records under N.D.R.Ev. 902(4).

State v. Michel 2020 ND 101
Docket No.: 20190319
Filing Date: 5/7/2020
Case Type: Appeal - Criminal - Theft
Author: Tufte, Jerod E.

Highlight: A district court’s response to a jury request for supplemental instructions is reviewed for an abuse of discretion.

The identity of the victim is not an element of theft and may be disregarded as surplusage.

A victim is entitled to be made whole through a reasonable restitution based on the entirety of his actual losses.

Dodge v. State 2020 ND 100
Docket No.: 20190286
Filing Date: 5/7/2020
Case Type: Appeal - Civil - Post-Conviction Relief
Author: VandeWalle, Gerald

Highlight: Whether a defendant is competent to plead guilty is a finding of fact.
When a district court is presented with conflicting expert evidence, we resolve evidentiary conflicts in favor of affirmance.
A defendant claiming he or she was incompetent to plead guilty raising ineffective assistance of counsel must demonstrate by a reasonable probability, sufficient to undermine confidence in the outcome, that he or she was not competent to plead guilty.

New Freedom Center v. Job Service, et al. 2020 ND 99
Docket No.: 20190405
Filing Date: 5/7/2020
Case Type: Appeal - Administrative - Unemployment/Job Service
Author: Per Curiam

Highlight: Judgment affirming Job Service North Dakota's allowance of unemployment benefits is summarily affirmed under N.D.R.App.P. 35.1(a)(5) and (7).

Brossart, et al. v. Janke, et al. 2020 ND 98
Docket No.: 20190236
Filing Date: 5/7/2020
Case Type: Appeal - Civil - Other
Author: VandeWalle, Gerald

Highlight: Under N.D.C.C. § 28-20.1-03(2), the clerk of district court is required to mail notice of the filing of a foreign judgment to the judgment debtor.
Under N.D.C.C. § 28-20.1-03(3), a judgment creditor may not execute on a foreign judgment without first adequately complying with the notice procedures provided in N.D.C.C. § 28-20.1-03(2).
Under N.D.R.Civ.P. 33(a)(3), a judgment creditor is allowed to serve interrogatories on each judgment debtor who is jointly or severally liable for the judgment.
Under N.D.R.Civ.P. 33(a)(3), subparts to the primary question are not separate interrogatories.
Upon a finding that a claim for relief was frivolous, the district court must award reasonable attorney’s fees to the prevailing party.

State v. Kolstad 2020 ND 97
Docket No.: 20190228
Filing Date: 5/7/2020
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: VandeWalle, Gerald

Highlight: The State may appeal from an order quashing an information or indictment.
The loss of evidence in the State’s custody may amount to a due process violation when (1) the State fails to collect evidence in the first instance; (2) the State fails to preserve evidence once it has been collected; and (3) the State suppresses evidence which has been collected and preserved.
When apprised of a discovery violation, the district court should impose the least severe sanction to rectify the prejudice.
Dismissal of an action for discovery violations is one of the most severe sanctions available to a court. Dismissal should be used sparingly and only in extreme situations and should not be used if an alternative, less drastic sanction is available and just as effective.