Opinions

City of West Fargo v. Ekstrom 2020 ND 37
Docket No.: 20190079
Filing Date: 2/12/2020
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: McEvers, Lisa K. Fair

Highlight: A mistrial that is declared with the defendant’s consent, such as when the defendant moves for a mistrial without having been goaded into doing so by misconduct attributable to the prosecutor, generally does not bar a later prosecution.

A fact used to enhance a criminal sentence beyond the statutory maximum for the crime committed must be decided by a jury beyond a reasonable doubt. Any fact leading to the imposition of a mandatory minimum sentence must also be found by a jury beyond a reasonable doubt.

Carlson v. Carlson 2020 ND 36
Docket No.: 20190187
Filing Date: 2/12/2020
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald W.

Highlight: Section 14-09-06.2(1)(j), N.D.C.C., creates a rebuttable presumption against awarding custody of a child to a perpetrator of domestic violence if certain criteria is met.
If competent evidence of domestic violence does not trigger the statutory presumption, the violence must be considered as one factor in deciding primary residential responsibility.
A district court’s findings and conclusions regarding the presumption should be sufficiently detailed to allow this Court to understand the basis for its decision.

Reese v. Reese-Young 2020 ND 35
Docket No.: 20190202
Filing Date: 2/12/2020
Case Type: Appeal - Civil - Real Property
Author: VandeWalle, Gerald

Highlight: The law in North Dakota is expressed by various sources, including statutes and common law, and the common law applies when it does not conflict with statutory law.
Under the common law open mines doctrine, the owner of a life estate in minerals is entitled to the royalties and other payments under an oil and gas lease when a well was producing under the lease at the time of the creation of the life estate and the instrument creating the life estate did not exclude application of the doctrine.

State v. Lyon 2020 ND 34
Docket No.: 20190164
Filing Date: 2/12/2020
Case Type: Appeal - Criminal - Homicide
Author: VandeWalle, Gerald

Highlight: Issues which are beyond the scope of a remand in a prior appeal will not be addressed in a subsequent appeal after remand.
Under the law of the case doctrine, a party cannot on a second appeal relitigate issues which were resolved by the court in a first appeal or which would have been resolved had they been properly presented in the first appeal.
Appellate review of a sentencing court’s decision is confined to whether the sentencing court acted within the limits prescribed by statute or substantially relied on an impermissible factor.

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.