Opinions

Estate of Olson 2024 ND 178
Docket No.: 20240078
Filing Date: 9/26/2024
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Tufte, Jerod E.

Highlight: A district court order dismissing a petition for formal probate for failure to prosecute under N.D.R.Civ.P. 40(e) is reversed because the record does not show a lack of prosecution for more than a year.

Interest of J.M.P. 2024 ND 177
Docket No.: 20240223
Filing Date: 9/26/2024
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: A juvenile court order terminating parental rights is summarily affirmed under N.D.R.App. 35.1(a)(2) and (4).

Disciplinary Board v. Merkens (interim Suspension) 2024 ND 176
Docket No.: 20240261
Filing Date: 9/26/2024
Case Type: Discipline - Attorney - Suspension
Author: Per Curiam

Highlight: Lawyer interim suspended

State v. Rolland 2024 ND 175
Docket No.: 20230313
Filing Date: 9/12/2024
Case Type: Appeal - Criminal - Sexual Offense
Author: Crothers, Daniel John

Highlight: Due process prohibits the criminal prosecution of a defendant who is not competent to stand trial. A defendant is incompetent when he lacks (1) sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding or (2) a rational as well as factual understanding of the proceedings against him. The prosecution must show by a preponderance of evidence that a defendant is competent to stand trial.

The fifteen day deadline for a mental health examination under N.D.C.C. § 12.1-04-07 does not begin until receipt of material necessary to examine the fitness of the individual and notice of entry of the order served upon the tier 1a mental health professional.

When factual issues are involved in deciding a pretrial motion in a criminal case, the district court must state its essential findings on the record. A decision cannot be properly reviewed if the district court fails to make adequate findings explaining the basis for its ultimate conclusion.

Interest of W.C.M. 2024 ND 174
Docket No.: 20240213
Filing Date: 9/12/2024
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

Highlight: A district court order requiring continued hospitalization is summarily affirmed under N.D.R.App.P 35.1(a)(2).

State v. Littlebird 2024 ND 173
Docket No.: 20240050
Filing Date: 9/12/2024
Case Type: Appeal - Criminal - Assault
Author: Per Curiam

Highlight: A criminal judgment entered after a jury found the defendant guilty of aggravated assault is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Senske Rentals v. City of Grand Forks 2024 ND 172
Docket No.: 20230397
Filing Date: 9/12/2024
Case Type: Appeal - Civil - Administrative Proceeding
Author: Tufte, Jerod E.

Highlight: The statutes granting cities the power to make special assessments must be strictly construed, and the conditions imposed must be specifically observed and performed.

Section 40-23-07, N.D.C.C., requires a determination of special benefits to each lot. This determination of special benefits must be independent of and without consideration of the improvement project cost in order to satisfy the statutory requirement that the assessment against each lot is "not exceeding the benefits."

We have approved the use of formulas by special assessment commissions to determine the "just proportion" of assessment to each lot and as a factor in determining the amount of benefit received by each lot.

We overrule Holter v. City of Mandan, 2020 ND 152, 946 N.W.2d 524, because it misinterpreted N.D.C.C. § 40-23-07 to the extent it held the statute permitted use of the same formula to determine both the benefit received by a lot and the assessment of costs to that lot.

Mitzel, et al. v. Vogel Law Firm, et al. 2024 ND 171
Docket No.: 20230372
Filing Date: 9/12/2024
Case Type: Appeal - Civil - Malpractice
Author: Bahr, Douglas Alan

Highlight: The elements of a legal malpractice action against an attorney for professional negligence are: 1) the existence of an attorney-client relationship, 2) a duty by the attorney to the client, 3) a breach of that duty by the attorney, and 4) damages to the client proximately caused by the breach of that duty.

When it is alleged that an attorney negligently failed to perform some act on behalf of the client, the plaintiff must allege and prove performance of the act would have benefitted the client.

In a legal malpractice action, the plaintiff has the burden to show damages proximately caused by the breach of the duty owed to the plaintiff. The amount of the damages does not require proof to a degree of mathematical precision; however, the jury must have some factual basis for fixing damages.

Gaddie v. State 2024 ND 170
Docket No.: 20240052
Filing Date: 8/28/2024
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Crothers, Daniel John

Highlight: To establish prosecutorial misconduct, an applicant for postconviction relief must show (1) the prosecutor's actions constitute misconduct, and (2) the misconduct had a prejudicial effect.

North Dakota Rule of Evidence 404(b) requires exclusion of evidence of other acts and crimes committed by the defendant when they are independent of the charged crime and do not fit into the rule's exceptions. Rule 404(b) requires prosecutors to give written notice and explanation if they intend to offer prior bad act evidence.

Knowing introduction of prior bad act evidence coupled with a failure to comply with the Rule 404(b) notice requirement constitutes prosecutorial misconduct.

Admission of evidence of prior sexual misconduct during a criminal prosecution for a sex-related crime creates unique potential for prejudice.

Wollan v. Innovis Health 2024 ND 169
Docket No.: 20240094
Filing Date: 8/28/2024
Case Type: Appeal - Civil - Malpractice
Author: Bahr, Douglas Alan

Highlight: A jury's special verdict will be reversed only if it is perverse and clearly contrary to the evidence. The presumption on appeal is that jurors do not intend to return conflicting answers.

Reconciliation of a verdict includes an examination of both the law of the case and the evidence to determine whether the verdict is logical and probable and thus consistent, or whether it is perverse and clearly contrary to the evidence.

Rule 408, N.D.R.Ev., encourages candor during settlement discussions by expanding the common-law rule and rendering inadmissible evidence of conduct or a statement made during compromise negotiations.