Opinions

Broten v. Carter, et al. 2019 ND 268
Docket No.: 20190098
Filing Date: 11/20/2019
Case Type: Appeal - Civil - Malpractice
Author: Jensen, Jon J.

Highlight: The two year statute of limitations for malpractice claims begins to run when the client discovers his attorney’s negligence and suffers some damage.

The trial court did not abuse its discretion by awarding fees, under N.D.C.C. § 28-26-06(5), for expert witnesses who were unnecessary to resolve a motion for summary judgment when the completion of fact discovery and the disclosure of expert witnesses was required prior to the summary judgment motion deadline.

Kemmet v. Steiner, et al. 2019 ND 267
Docket No.: 20190189
Filing Date: 11/20/2019
Case Type: Appeal - Civil - Other
Author: Per Curiam

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

State v. Buchanan 2019 ND 266
Docket No.: 20190183
Filing Date: 11/20/2019
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: A criminal judgment entered after a jury verdict is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

State v. Wallace 2019 ND 265
Docket No.: 20190149
Filing Date: 11/20/2019
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: The criminal judgment entered after a jury verdict is summarily affirmed under N.D.R.App.P. 35.1(a)(3),(4).

Matter of Emelia Hirsch Trust 2019 ND 264
Docket No.: 20190162
Filing Date: 11/1/2019
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Per Curiam

Highlight: An order denying a motion to vacate and terminate a trust is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Matter of Didier 2019 ND 263
Docket No.: 20190015
Filing Date: 10/29/2019
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: McEvers, Lisa K. Fair

Highlight: A district court must find a sexually dangerous individual continues to have an inability to control his behavior. Past conduct is relevant and may be taken into account with present conduct to determine if an individual continues to have an inability to control his behavior. Inappropriate behavior not deemed actual misconduct requiring a formal sanction may be considered in determining an inability to control behavior. Conduct showing more than just a lack of progress, but a lack of participation, is sufficient to show an individual continues to have an inability to control his behavior.

State v. Vetter 2019 ND 262
Docket No.: 20190054
Filing Date: 10/29/2019
Case Type: Appeal - Criminal - Misc. Felony
Author: Tufte, Jerod E.

Highlight: Under N.D.R.Ev. 201(b)(2), a court may judicially notice a fact that is not subject to reasonable dispute because it can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.

Section 14-09-22, N.D.C.C., is not unconstitutionally vague.

Fettig v. Fettig, et al. (consolidated w/ 20190103) 2019 ND 261
Docket No.: 20190102
Filing Date: 10/29/2019
Case Type: Appeal - Civil - Real Property
Author: VandeWalle, Gerald

Highlight: Real property can be gifted to a minor if there is an intention by the donor to then and there give the property to the donee, coupled with an actual or constructive delivery of the property to the donee, and acceptance of the property by the donee.
The doctrine of res judicata does not bar claims to quiet title for different parcels of land, but collateral estoppel may bar the relitigation of issues previously litigated in prior quiet title actions.

State v. Pittenger 2019 ND 260
Docket No.: 20190050
Filing Date: 10/29/2019
Case Type: Appeal - Criminal - Assault
Author: Per Curiam

Highlight: The criminal judgment entered after a jury verdict is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4).

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.