Opinions

State v. Pagenkopf 2020 ND 33
Docket No.: 20190215
Filing Date: 2/12/2020
Case Type: Appeal - Criminal - Misc. Felony
Author: VandeWalle, Gerald

Highlight: A district court has wide discretion in setting the amount of restitution, and the district court does not abuse its discretion by awarding restitution that is within the range of reasonableness.

Article I, §25, N.D. Const., does not require restitution beyond what is necessary to make the victim whole.

Hustle Proof, et al. v. Matthews, et al. 2020 ND 32
Docket No.: 20190239
Filing Date: 2/12/2020
Case Type: Appeal - Civil - Contracts
Author: Jensen, Jon J.

Highlight: A party seeking relief from a judgment under N.D.R.Civ.P. 60(b)(6) must factually demonstrate exceptional circumstances.

Absent exceptional circumstances, the district court does not abuse its discretion in denying the party relief from the judgment under Rule 60(b)(6).

State v. Jensen 2020 ND 31
Docket No.: 20190321
Filing Date: 2/12/2020
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Tufte, Jerod E.

Highlight: Under N.D.R.Ct. 3.2(a)(2), the moving party may file a reply brief within seven days after service of the answer brief. A motion is not submitted to the court for decision until all briefs are filed or the time for filing has expired.

State v. Thomas 2020 ND 30
Docket No.: 20190174
Filing Date: 2/12/2020
Case Type: Appeal - Criminal - Misc. Felony
Author: Tufte, Jerod E.

Highlight: A district court’s decision whether to grant a continuance will not be set aside on appeal absent an abuse of discretion.

Appellate review of a criminal sentence is generally limited to whether the defendant was sentenced within the statutory prescribed limits.

An objection or motion to the trial court is unnecessary to preserve a claim of illegal sentence imposed in a criminal judgment from which an appeal may be immediately taken.

State v. Brown 2020 ND 29
Docket No.: 20190206
Filing Date: 2/12/2020
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: A district court judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Vacancy in Judgeship No. 5, East Central Judicial District 2020 ND 28
Docket No.: 20190392
Filing Date: 2/4/2020
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judgeship retained at Fargo.

Estate of Albrecht 2020 ND 27
Docket No.: 20190180
Filing Date: 1/29/2020
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Tufte, Jerod E.

Highlight: The district court’s factual findings in a partition action will not be reversed on appeal, unless they are clearly erroneous.

The district court must consider the facts and circumstances of each case to determine ownership of personal property.

The district court has discretion to allow attorney’s fees and personal representative’s fees in probate cases.

Aftem Lake Developments Inc. v. Riverview Homeowners Assoc. 2020 ND 26
Docket No.: 20190221
Filing Date: 1/29/2020
Case Type: Appeal - Civil - Real Property
Author: VandeWalle, Gerald

Highlight: A statutory dedication of property divests the donor of ownership in the property.

State v. Wickham 2020 ND 25
Docket No.: 20190144
Filing Date: 1/28/2020
Case Type: Appeal - Criminal - Sexual Offense
Author: Crothers, Daniel John

Highlight: The district court did not obviously err by admitting fact testimony and by not stopping a witness from testifying by way of a mix of permissible lay opinion testimony and arguably impermissible expert opinion testimony.

Krebsbach, et al. v. Trinity Hospitals, Inc., et al. 2020 ND 24
Docket No.: 20190096
Filing Date: 1/27/2020
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Crothers, Daniel John

Highlight: Negligence claims relating to phlebotomy services performed by a hospital are governed by the two-year malpractice statute of limitations.
In a medical malpractice action, the statute of limitations begins to run when the plaintiff knows, or with reasonable diligence should know, of the injury, its cause and the defendant’s possible negligence.
The tort of deceit involves the suppression of a fact by one who is bound to disclose it.