Opinions

Hoff v. State 2024 ND 235
Docket No.: 20240159
Filing Date: 12/19/2024
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Bahr, Douglas Alan

Highlight: A postconviction relief application barred by the two-year limitation in N.D.C.C. § 29-32.1-01(2) is not excepted by N.D.C.C. § 29-32.1-01(3) when the applicant demonstrates a physical disability or mental disease does not preclude timely assertion of their application for relief.

Although Rule 615, N.D.R.Ev., uses the plural term "witnesses," the plural term "witnesses" is interpreted to include the singular term "witness." Therefore, a party may request to sequester a single witness.

Adoption of H.W.L. 2024 ND 234
Docket No.: 20240289
Filing Date: 12/19/2024
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: A district court order terminating parental rights and granting a petition for adoption is summarily affirmed under N.D.R.App. 35.1(a)(2) and (4).

Overbo v. Overbo, et al. 2024 ND 233
Docket No.: 20240164
Filing Date: 12/19/2024
Case Type: Appeal - Civil - Constitutional Law
Author: Crothers, Daniel John

Highlight: The party presentation principle requires courts refrain from deciding constitutional questions not submitted by the litigants.

Sanderson v. Agotness 2024 ND 232
Docket No.: 20240054
Filing Date: 12/19/2024
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: A judge acting within their judicial capacity is protected by judicial immunity.

The prevailing party of a frivolous action shall be awarded attorney's fees.

State v. Eagleman 2024 ND 231
Docket No.: 20240176
Filing Date: 12/19/2024
Case Type: Appeal - Criminal - Reckless Endangerment
Author: Jensen, Jon J.

Highlight: While we have previously treated motions filed under the rules of criminal procedure as applications under the Uniform Postconviction Procedure Act, we have done so in the limited circumstance where the defendant has filed a previous application for postconviction relief and the filing in the criminal case hints at an attempt to "avoid the procedures of the Uniform Postconviction Procedure Act."

It is not proper for a defendant to collaterally attack the underlying conviction by way of a motion to correct an illegal sentence because the "Uniform Postconviction Procedure Act is the exclusive remedy for collaterally challenging a judgment of conviction or sentence . . . ."

Interest of A.E.E. 2024 ND 230
Docket No.: 20240121
Filing Date: 12/19/2024
Case Type: Appeal - Civil - Guardian/Conservator
Author: Jensen, Jon J.

Highlight: Under N.D.C.C. § 27-20.1-16(2), any party to the proceeding in which the child's status was adjudicated may petition for removal or modification of a guardian on the grounds the removal or modification would be in the best interest of the child. If an insufficient showing has been made, the district court shall issue an order denying the petition.

State v. Werner 2024 ND 229
Docket No.: 20240084
Filing Date: 12/19/2024
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Jensen, Jon J.

Highlight: Investigative stops of a vehicle and its occupants for suspected violations of law will be upheld if officers have at least a reasonable suspicion that the motorist has violated the law or probable cause to believe the motorist has done so. The suspected violation of law need not be related to the current operation of a motor vehicle.

Reasonable suspicion for a stop exists when a reasonable person in the officer's position would be justified by some objective manifestation to suspect potential unlawful activity. The reasonable suspicion standard is objective and does not hinge upon the subjective beliefs or motivations of the arresting officer. In order to determine whether an investigative stop is valid, we consider the totality of the circumstances and examine the information known to the officer at the time of the stop.

An officer is required to administer the Miranda warning when a person is subject to custodial interrogation. A suspect is in custody when there is a formal arrest or restraint on the suspect's freedom of movement to the degree associated with a formal arrest. When determining if a person is subject to custodial interrogation, the court examines all circumstances surrounding the interrogation and considers what a reasonable man in the suspect's position would have understood in his situation.

Lindeman v. State 2024 ND 228
Docket No.: 20240058
Filing Date: 12/19/2024
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Jensen, Jon J.

Highlight: To succeed on a claim of ineffective assistance of counsel, the petitioner must first prove his counsel's performance was defective. Second, the petitioner must show his defense was prejudiced by the proven defects. Both must be established in order to prevail under a claim of ineffective assistance of counsel. Thus, if there is an insufficient showing on one, the reviewing court need not address the other.

McKenzie Electric Coop., Inc. v. El-Dweek, et al. 2024 ND 227
Docket No.: 20240275
Filing Date: 12/19/2024
Case Type: Original Proceeding - Civil - Writ of Supervision
Author: Tufte, Jerod E.

Highlight: A petition for supervisory writ directing the district court to vacate its order of recusal, deny the motion for recusal, and reassign the action back to Judge ElDweek is denied.

Cass Co. v. KNB Properties, et al. 2024 ND 226
Docket No.: 20240126
Filing Date: 12/19/2024
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.

Highlight: A district court's grant of summary judgment for plaintiff is affirmed.

A district court's grant of permanent injunction for plaintiff is reversed.

Zoning and subdivision ordinances serve distinct but complementary regulatory purposes. A township has exclusive zoning authority over private property within the township under N.D.C.C. § 58-03-11, and the location of buildings and attendant improvements is a zoning matter. A county may, however, as a valid exercise of its subdivision authority under N.D.C.C. § 1133.2-02, condition its approval of a subdivision on compliance with the county's subdivision ordinance, even when provisions of the ordinance govern the location of buildings and attendant improvements.

By operating as a condition on a county's approval of the act of subdivision, a subdivision ordinance's setback provisions do not function as a direct zoning regulation in conflict with a township's exclusive zoning authority.

A county's subdivision authority begins when an action is taken to divide a parcel into two or more parts.

When a party subdivides property in violation of a subdivision ordinance, the proper remedy is to vacate the subdivision by voiding the acts that triggered applicability of the subdivision ordinance and were dependent on the county's approval.