Opinions

Tornabeni v. Wold, et al. 2018 ND 253
Docket No.: 20180164
Filing Date: 12/6/2018
Case Type: Appeal - Civil - Other
Author: Jensen, Jon J.

Highlight: The existence and terms of an oral contract are findings of fact subject to the clearly erroneous rule.
A district court’s determination of whether the facts support a finding of unjust enrichment is fully reviewable on appeal.
An award of damages for an unjust enrichment claim is reviewed under the clearly erroneous standard.
Issues not raised in the district court are waived.

State v. Hebert 2018 ND 252
Docket No.: 20180171
Filing Date: 12/6/2018
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam

Highlight: A criminal judgment convicting the defendant of tampering or damaging a public service is summarily reversed under N.D.R.App.P. 35.1(b).

Sabot v. State 2018 ND 251
Docket No.: 20180191
Filing Date: 12/6/2018
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Summary dismissal of post-conviction relief summarily affirmed under N.D.R.App.P 35.1(a)(2) and (7).

Interest of D.V.A. (Confidential) 2018 ND 250
Docket No.: 20180166
Filing Date: 12/6/2018
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

Highlight: A district court order denying discharge from civil commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Mejia 2018 ND 249
Docket No.: 20180178
Filing Date: 12/6/2018
Case Type: Appeal - Criminal - Assault
Author: Per Curiam

Highlight: Summary affirmance is appropriate when there is sufficient evidence to support a guilty verdict.

In a case tried without a jury, the court need only find the defendant guilty or not guilty.

Sorlie v. Sorlie 2018 ND 248
Docket No.: 20180071
Filing Date: 12/6/2018
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: A district court’s award of residential responsibility is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Johnston Law Office, P.C. v. Brakke, et al. 2018 ND 247
Docket No.: 20180029
Filing Date: 11/19/2018
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: If a party moving for summary judgment meets its initial burden of showing there are no genuine issues of material fact and it is entitled to judgment as a matter of law, the party opposing the motion must present competent admissible evidence to show the existence of a genuine issue of material fact.

Petition to Permit Temporary Provision of Legal Services 2018 ND 246
Docket No.: 20160436
Filing Date: 1/18/2017
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Order on petition for temporary lawyer practice.

Thompson, et al. v. Molde, et al. 2018 ND 245
Docket No.: 20170127
Filing Date: 11/13/2018
Case Type: Appeal - Civil - Tax Realted
Author: Crothers, Daniel John

Highlight: Summary judgment allows for the prompt resolution of a controversy on the merits without a trial if there are no disputed issues of material fact and the moving party is entitled to judgment as a matter of law.

The Supreme Court may award just damages and single or double costs, including reasonable attorney’s fees for a frivolous appeal.

State v. Rogers 2018 ND 244
Docket No.: 20170389
Filing Date: 11/6/2018
Case Type: Appeal - Criminal - Sexual Offense
Author: Tufte, Jerod E.

Highlight: Defendant appeals from a district court judgment for gross sexual imposition. Because the district court did not make individualized findings supporting closure of the competency hearing under Waller, the Sixth Amendment public trial guarantee wasviolated. The restitution award was proper and it is affirmed consistent with our remand. We remand for further proceedings.