Opinions

State v. Scott 2020 ND 160
Docket No.: 20190317
Filing Date: 7/22/2020
Case Type: Appeal - Criminal - Sexual Offense
Author: McEvers, Lisa K. Fair

Highlight: There is no requirement for the district court to advise defendants they may plead not guilty based on the defense of double jeopardy.

The defense of double jeopardy is not presentable to the jury unless there is a question of fact.

Rule 803(24), N.D.R.Ev., which provides an exception to certain hearsay statements made by a child about sexual abuse, does not apply to non-hearsay testimony.

Laufer v. Doe 2020 ND 159
Docket No.: 20200001
Filing Date: 7/22/2020
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Crothers, Daniel John

Highlight: A party seeking recovery of property damage allegedly caused by a pesticide application must strictly comply with statutory notice requirements under N.D.C.C. § 4.1-33-18.

State v. Metz 2020 ND 158
Docket No.: 20200023
Filing Date: 7/22/2020
Case Type: Appeal - Criminal - Theft
Author: Per Curiam

Highlight: A criminal judgment entered after a jury verdict is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

State v. Banyee (consolidated w/ 20190281) 2020 ND 157
Docket No.: 20180251
Filing Date: 7/22/2020
Case Type: Appeal - Criminal - Theft
Author: Per Curiam

Highlight: A criminal judgment and a judgment denying postconviction relief are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Harrison v. State 2020 ND 156
Docket No.: 20200070
Filing Date: 7/22/2020
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Helm 2020 ND 155
Docket No.: 20190325
Filing Date: 7/22/2020
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Crothers, Daniel John

Highlight: A defendant raising specific grounds in a N.D.R.Crim.P. 29 motion for judgment of acquittal waives on appeal other grounds not asserted in the district court.

City of Jamestown v. Schultz 2020 ND 154
Docket No.: 20190359
Filing Date: 7/22/2020
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Jensen, Jon J.

Highlight: When an individual has been given a reasonable opportunity to consult with an attorney before deciding to take a chemical test, the individual is not required to be provided with a second chance to consult with an attorney subsequent to making a decision to take the chemical test.

Norby v. Hinesley, et al. 2020 ND 153
Docket No.: 20190337
Filing Date: 7/22/2020
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: A district court’s decision on a motion to relocate is a finding of fact, which will not be reversed on appeal unless it is clearly erroneous.
A district court must analyze all four Stout-Hawkinson factors in determining whether a custodial parent may relocate out-of-state with a child.

Holter v. City of Mandan 2020 ND 152
Docket No.: 20190277
Filing Date: 7/22/2020
Case Type: Appeal - Civil - Administrative Proceeding
Author: McEvers, Lisa K. Fair

Highlight: This Court exercises a limited review of a challenge to a municipality’s decision to specially assess property.

A municipality has broad discretion to determine benefits and apportion assessments and costs to properties within an improvement district.

The special assessment against a property must not exceed the benefit which has been determined to have accrued thereto.

State v. Harstad 2020 ND 151
Docket No.: 20190400
Filing Date: 6/29/2020
Case Type: Appeal - Criminal - Theft
Author: Jensen, Jon J.

Highlight: A district court abused its discretion awarding restitution for damages that were not directly related to the criminal conduct.