Opinions

Lindstrom v. N.D. Dep't of Transportation 2019 ND 293
Docket No.: 20190204
Filing Date: 12/12/2019
Case Type: Appeal - Administrative - Department of Transportation
Author: Crothers, Daniel John

Highlight: A reasoning mind could have reasonably found a report and notice was forwarded to the Department within five days of the issuance of the temporary operator’s permit as required by law. The hearing officer’s decision to suspend the appellant’s license for 180 days is affirmed.

State v. Walker 2019 ND 292
Docket No.: 20190186
Filing Date: 12/12/2019
Case Type: Appeal - Criminal - Theft
Author: Crothers, Daniel John

Highlight: A district court did not abuse its discretion when it ordered restitution against a defendant who pled guilty to theft for possession of a stolen motorcycle, and that motorcycle was returned damaged to the victim.

Stein v. State 2019 ND 291
Docket No.: 20190114
Filing Date: 12/12/2019
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Crothers, Daniel John

Highlight: A district court was not clearly erroneous in denying the application for post-conviction relief.

State v. Comes 2019 ND 290
Docket No.: 20190213
Filing Date: 12/12/2019
Case Type: Appeal - Criminal - Homicide
Author: Jensen, Jon J.

Highlight: When both N.D.C.C. § 12.1-32-09.1 and N.D.C.C. § 12.1-32-01(1) apply to a defendant’s sentence, the defendant is not eligible for parole until eighty-five percent of the sentence has been served or thirty years after admission to the penitentiary, whichever is greater.

State ex rel. City of Marion v. Alber 2019 ND 289
Docket No.: 20190170
Filing Date: 12/12/2019
Case Type: Appeal - Civil - Other
Author: Jensen, Jon J.

Highlight: Res judicata principles prohibit the review of arguments raised in earlier appeals.

This Court will not consider an argument that is not adequately articulated, supported, and briefed.

Neutman v. N.D. Dep't of Transportation 2019 ND 288
Docket No.: 20190100
Filing Date: 12/12/2019
Case Type: Appeal - Administrative - Department of Transportation
Author: Per Curiam

Highlight: A district court judgment is summarily reversed under N.D.R.App.P. 35.1(b).

Jesser v. N.D. Dep't of Transportation 2019 ND 287
Docket No.: 20190101
Filing Date: 12/12/2019
Case Type: Appeal - Administrative - Department of Transportation
Author: Crothers, Daniel John

Highlight: A driver’s limited post-arrest statutory right to counsel does not apply prior to arrest, and the holding in Kuntz v. State Highway Commissioner, 405 N.W.2d 285 (N.D. 1987) is not extended to N.D.C.C. § 39-20-14.

City of Fargo v. Wieland 2019 ND 286
Docket No.: 20190153
Filing Date: 12/12/2019
Case Type: Appeal - Civil - Real Property
Author: McEvers, Lisa K. Fair

Highlight: Flood control projects are a public use for eminent domain purposes.

In the absence of bad faith, gross abuse of discretion, or fraud by the condemning authority in its determination that the property sought is necessary for the authorized use and is pursuant to specific statutory authority, such determination should not be disturbed by the courts.

The question of greater necessity is for a court to resolve.

When no statutory remedy is provided for a statutory violation, the court looks to whether the victim of the violation was prejudiced because absent a showing of prejudice, a statutory violation is not reversible error.

Lebeau v. State 2019 ND 285
Docket No.: 20190165
Filing Date: 12/12/2019
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: An order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2),(4).

State v. Dubois 2019 ND 284
Docket No.: 20190062
Filing Date: 12/12/2019
Case Type: Appeal - Criminal - Misc. Felony
Author: McEvers, Lisa K. Fair

Highlight: A district court is authorized to revoke probation for a violation prior to expiration or termination of probation under N.D.C.C. § 12.1-32-07(6). A court has discretion in sentencing and need not explicitly reference the statutory sentence factors when fixing a sentence. Section 12.1-32-07(6), N.D.C.C., permits a district court to impose any sentence available at the initial time of sentencing upon revocation of probation. Issues not raised in the district court cannot generally be raised for the first time on appeal, absent obvious error.