Opinions

State v. Baltrusch 2019 ND 259
Docket No.: 20190083
Filing Date: 10/29/2019
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Tufte, Jerod E.

Highlight: To support a claim of insufficient evidence to support a conviction, the defendant bears the burden of showing the evidence, when viewed in the light most favorable to the verdict, reveals no reasonable inference of guilt.

The law of the case doctrine and the scope of the parties’ appeal define the parameters of the Supreme Court’s review.

There is no obvious error when a rule of law is not clearly established.

Interest of J.B. (CONFIDENTIAL) 2019 ND 258
Docket No.: 20190111
Filing Date: 10/29/2019
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Jensen, Jon J.

Highlight: When a committed individual petitions for discharge from commitment as a sexually dangerous individual, the State must prove the individual remains a sexually dangerous individual by clear and convincing evidence.

The district court must find the committed individual has serious difficulty controlling his behavior to continue that person’s commitment as a sexually dangerous individual.

Estate of Blikre 2019 ND 257
Docket No.: 20180162
Filing Date: 10/29/2019
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Tufte, Jerod E.

Highlight: A holographic will is valid if the signature and material portions of the document are in the testator’s handwriting.

The law presumes a missing will has been revoked by the testator. To overcome the presumption, the party petitioning for the probate of a missing will must demonstrate, by a preponderance of the evidence, that the will existed at the time of the testator’s death, that the will was fraudulently destroyed in the lifetime of the testator, or that other evidence shows the testator did not intend to revoke the missing will.

State v. G.C.H. 2019 ND 256
Docket No.: 20190136
Filing Date: 10/29/2019
Case Type: Certified Question - Criminal - Criminal
Author: Crothers, Daniel John

Highlight: The question of law certified by a North Dakota district court is not answered because it is not dispositive of the case. The North Dakota Supreme Court exercises supervisory jurisdiction to reverse the district court’s order finding a 16 and 17 year old married person was not a “child” under N.D.C.C. § 27-20-02(4)(b) when the offenses allegedly were committed. Reversed and remanded with directions to vacate the judgment and dismiss the case for lack of subject matter jurisdiction.

Interest of K.V. (CONFIDENTIAL) 2019 ND 255
Docket No.: 20190074
Filing Date: 10/29/2019
Case Type: Appeal - Criminal - Juvenile Law
Author: Crothers, Daniel John

Highlight: Juvenile court findings of delinquency for fleeing or attempting to elude a peace officer and reckless driving are not clearly erroneous and are affirmed. A juvenile court finding of delinquency for criminal trespass is reversed due to insufficient evidence.

State v. Grzadzieleski 2019 ND 254
Docket No.: 20190049
Filing Date: 10/29/2019
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: VandeWalle, Gerald

Highlight: The State may not appeal from an in limine order excluding evidence based on the physician-patient privilege under N.D.R.Ev. 503.

Supervisory writs are rarely issued and only to rectify errors and prevent injustice in extraordinary cases when no adequate alternative remedy exists.

Interest of D.V.A. (Confidential) 2019 ND 253
Docket No.: 20190118
Filing Date: 10/29/2019
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

Highlight: A district court order denying discharge from civil commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Rocky Mountain Steel Foundations. v. Brockett Company, et al. 2019 ND 252
Docket No.: 20190121
Filing Date: 10/29/2019
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: VandeWalle, Gerald

Highlight: A lienholder who recovers in a suit upon a bond is entitled to recover a reasonable attorney’s fee for the proceedings before the district court and for a successful appeal.

Clarke v. Taylor 2019 ND 251
Docket No.: 20190070
Filing Date: 10/29/2019
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.

Highlight: A district court’s domestic violence protection order is affirmed.

State v. Ruddell 2019 ND 250
Docket No.: 20190139
Filing Date: 10/29/2019
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: District court criminal judgment summarily affirmed under N.D.R.App.P. 35.1(a)(3).