Opinions

Orwig v. Orwig (consolidated w/20170455) 2019 ND 78
Docket No.: 20170454
Filing Date: 3/14/2019
Case Type: Appeal - Civil - Divorce - Property
Author: McEvers, Lisa K. Fair

Highlight: A party appealing from a contempt order must file a notice of appeal with the clerk of the supreme court within 60 days after entry of the judgment or order being appealed.

A district court’s decision on contempt will not be reversed on appeal unless the court abused its discretion.

Cockfield v. City of Fargo 2019 ND 77
Docket No.: 20180336
Filing Date: 3/13/2019
Case Type: Original Proceeding - Civil - Writ of Mandamus
Author: Jensen, Jon J.

Highlight: A public employee, who has a property interest in his employment, may not have his employment terminated without due process.
Due process requirements are met when the employee is provided with appropriate pre-termination and post-termination proceedings.

Baker Boyer National Bank v. JPF Enterprises, LLC 2019 ND 76
Docket No.: 20180222
Filing Date: 3/13/2019
Case Type: Appeal - Civil - Contracts
Author: Crothers, Daniel John

Highlight: The relationship between a bank and its customers is a debtor-creditor relationship, which ordinarily does not impose a fiduciary duty upon the bank.

A fiduciary relationship may arise between a bank and its borrowers under circumstances reflecting a borrower’s reposing of faith, confidence and trust in a bank with a resulting domination, control or influence exercised by the bank over the borrower’s affairs.

Purdy v. Purdy, et al. 2019 ND 75
Docket No.: 20180133
Filing Date: 3/13/2019
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: A district court’s decision on a motion to modify primary residential responsibility is a finding of fact, subject to the clearly erroneous standard of review.

City of Bismarck v. King 2019 ND 74
Docket No.: 20180138
Filing Date: 3/13/2019
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: McEvers, Lisa K. Fair

Highlight: The criminal offense of refusal to submit to chemical testing is a strict liability offense.

State v. Nice 2019 ND 73
Docket No.: 20180350
Filing Date: 3/13/2019
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: VandeWalle, Gerald

Highlight: A defendant may not challenge the constitutionality of a statute they were not charged under.

A defendant who refuses to take a chemical test cannot rely solely on multiple recitations of the implied consent advisory to prove violations of due process rights.

The Court will not address inadequately briefed issues.

State v. Laverdure 2019 ND 72
Docket No.: 20180228
Filing Date: 3/13/2019
Case Type: Appeal - Criminal - Drugs/Contraband
Author: VandeWalle, Gerald

Highlight: Sufficient probable cause existed to support the magistrate’s issuance of a search warrant.

State v. Rai 2019 ND 71
Docket No.: 20180244
Filing Date: 3/13/2019
Case Type: Appeal - Criminal - Sexual Offense
Author: VandeWalle, Gerald

Highlight: District court did not err in admitting lawfully obtained text message conversation from an undercover officer’s cell phone into evidence.

District court did not err in finding Miranda warnings were knowingly, voluntarily, and intelligently waived by defendant.

Defendant did not meet his burden of proof for N.D.R.Crim.P. Rule 29(a) motion for acquittal.

A rational fact-finder could find defendant failed to prove entrapment by a preponderance of the evidence.

Chisholm v. State 2019 ND 70
Docket No.: 20180340
Filing Date: 3/13/2019
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Jensen, Jon J.

Highlight: We distinguish peremptory demands for a change of judge from a demand for a change of judge based on bias.

Under N.D.C.C. § 29-15-21, subsequent applications for post-conviction relief are a continuation of the underlying action and considered a single proceeding.

Motions seeking the recusal of a judge for bias or prejudice must be considered by the judge who is sought to be disqualified.

Brewer v. State 2019 ND 69
Docket No.: 20180254
Filing Date: 3/13/2019
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Tufte, Jerod E.

Highlight: An attorney’s failure to object to admission of evidence at trial because the attorney believes the record created in a pretrial motion in limine has preserved the issue falls outside the wide range of reasonable attorney performance. Where prejudice is also shown, such a failure to object to prior bad acts evidence at trial constitutes ineffective assistance of counsel.