Opinions

State v. McAllister 2020 ND 48
Docket No.: 20190188
Filing Date: 2/27/2020
Case Type: Appeal - Criminal - Assault
Author: Jensen, Jon J.

Highlight: The district court did not err when it limited cross-examination of a victim regarding the victim’s interest in obtaining restitution.

The district court did not err when it ordered the defendant to pay restitution for injuries the defendant was convicted of causing.

Northwest Grading, Inc. v. North Star Water, LLC, et al. 2020 ND 47
Docket No.: 20190128
Filing Date: 2/27/2020
Case Type: Appeal - Civil - Contracts
Author: Tufte, Jerod E.

Highlight: Rule 37(b)(2)(A)(ii), N.D.R.Civ.P., permits a district court to sanction a party in violation of a discovery order by prohibiting the disobedient party from supporting or opposing a claim or defense with evidence not disclosed under the discovery order.

Where there are offsetting damages awards between two parties, the proper method of calculating prejudgment interest is to first determine the net award and then determine interest on that net amount.

Smithberg v. Jacobson, et al. 2020 ND 46
Docket No.: 20190369
Filing Date: 2/27/2020
Case Type: Original Proceeding - Civil - Writ of Supervision
Author: Crothers, Daniel John

Highlight: When an appellate court remands a case for a trial without limitation, a party who previously stipulated to waive the right to a jury trial may demand a jury trial, unless the parties intended the stipulation to apply to any future trials or the right is otherwise limited by law.

Interest of E.K. (CONFIDENTIAL) 2020 ND 44
Docket No.: 20200034
Filing Date: 2/27/2020
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

Highlight: A district court treatment order is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Benson 2020 ND 43
Docket No.: 20190278
Filing Date: 2/27/2020
Case Type: Appeal - Criminal - Theft
Author: Per Curiam

Highlight: A district court judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2), (4), and (7).

Stevenson v. Biffert 2020 ND 42
Docket No.: 20190106
Filing Date: 2/12/2020
Case Type: Appeal - Civil - Child Support
Author: Tufte, Jerod E.

Highlight: This Court does not reweigh the evidence or reassess the credibility of witnesses in a primary residential responsibility case.

A district court acquires subject matter jurisdiction over an issue when the particular issue to be decided is properly brought before the court.

Issues not raised in the pleadings may be tried by the parties’ express or implied consent.

State v. Gratton 2020 ND 41
Docket No.: 20190167
Filing Date: 2/12/2020
Case Type: Appeal - Criminal - Theft
Author: McEvers, Lisa K. Fair

Highlight: Having a marital property interest in a vehicle does not prevent an individual from being prosecuted for theft of the vehicle. A district court’s authority to weigh evidence and assess credibility of witnesses at a preliminary hearing is limited.

Vetter v. Vetter 2020 ND 40
Docket No.: 20190151
Filing Date: 2/12/2020
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Ouradnik v. N.D. Dep't of Transportation 2020 ND 39
Docket No.: 20190293
Filing Date: 2/12/2020
Case Type: Appeal - Administrative - Department of Transportation
Author: Jensen, Jon J.

Highlight: The district court erred by reversing the administrative hearing officer’s decision based on an issue that was not preserved for review.

The NDDOT can established the authenticity of the Report and Notice Form and the Intoxilyzer Test Record and Checklist with testimony.

State v. Sah 2020 ND 38
Docket No.: 20190173
Filing Date: 2/12/2020
Case Type: Appeal - Criminal - Sexual Offense
Author: McEvers, Lisa K. Fair

Highlight: If a defendant moves for a new trial, the defendant is limited on appeal to the grounds presented to the district court in the motion. If the defendant does not preserve an issue for appeal, and does not argue obvious error this Court may decline to review the issue for obvious error.