Opinions

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.

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.