Opinions

Potts v. City of Devils Lake, et al. 2021 ND 2
Docket No.: 20200144
Filing Date: 1/12/2021
Case Type: EMPLOYER/EMPLOYEE DISPUTE
Author: Crothers, Daniel John

Highlight: Under North Dakota law no public policy exception to the at-will employment doctrine exists for law enforcement officers who act in self-defense.

Melaas v. Diamond Resorts U.S. Collection Development 2021 ND 1
Docket No.: 20200055
Filing Date: 1/12/2021
Case Type: CONTRACTS
Author: McEvers, Lisa K. Fair

Highlight: An order compelling arbitration and dismissing the action is appealable.

A party’s claim that they lacked the capacity to contract, which challenges the existence of the contract, must be decided by the court before arbitration can be ordered under an arbitration provision contained in the contract.

Interest of Buller 2020 ND 270
Docket No.: 20200168
Filing Date: 12/17/2020
Case Type: CIVIL COMMIT OF SEXUAL PREDATOR
Author: Jensen, Jon J.

Highlight: The State’s second petition seeking civil commitment of a sexually dangerous individual was not barred by res judicata.

This Court will not consider an argument that is not adequately articulated, supported, and briefed.

Atkins v. State 2020 ND 269
Docket No.: 20200077
Filing Date: 12/17/2020
Case Type: POST-CONVICTION RELIEF
Author: Jensen, Jon J.

Highlight: Court-appointed appellate counsel is not permitted to file an Anders brief in post-conviction relief proceedings.

State v. Hirschkorn 2020 ND 268
Docket No.: 20190404
Filing Date: 12/17/2020
Case Type: ASSAULT
Author: Tufte, Jerod E.

Highlight: A district court’s decision to exclude evidence on the basis it lacks adequate foundation lies within its sound discretion and will not be reversed on appeal absent an abuse of discretion that affected substantial rights.

To authenticate evidence under N.D.R.Ev. 901(a), the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is.

The proponent of offered evidence need not rule out all possibilities inconsistent with authenticity or conclusively prove that evidence is what it purports to be; rather, the proponent must provide proof sufficient for a reasonable juror to find the evidence is what it purports to be.

A defendant challenging the sufficiency of the evidence on appeal must show that the evidence, when viewed in the light most favorable to the verdict, reveals no reasonable inference of guilt.

McCarvel, et al. v. Perhus, et al. 2020 ND 267
Docket No.: 20200051
Filing Date: 12/17/2020
Case Type: REAL PROPERTY
Author: VandeWalle, Gerald W.

Highlight: A district court’s finding that plaintiffs obtained property through boundary by acquiescence is affirmed.

A district court did not abuse its discretion when it refused to award costs and attorney’s fees under N.D.C.C. §§ 28-26-01(2) and 28-26-31.

State v. Foote 2020 ND 266
Docket No.: 20200145
Filing Date: 12/17/2020
Case Type: DUI/DUS
Author: Tufte, Jerod E.

Highlight: This Court, in its review, will not weigh conflicting evidence or judge the credibility of witnesses. We will affirm a district court’s decision on a motion to suppress if there is sufficient competent evidence fairly capable of supporting the trial court’s findings, and the decision is not contrary to the manifest weight of the evidence.

An officer is engaged in the role of community caretaker when the officer approaches a parked vehicle to inquire in a conversational manner whether the occupant is okay or needs assistance. A request that the suspect open the door or roll down the window is permissible, but the same would not be true of an order that he do so.

State v. Sackenreuter 2020 ND 265
Docket No.: 20200176
Filing Date: 12/17/2020
Case Type: DUI/DUS
Author: Crothers, Daniel John

Highlight: N.D.C.C. § 39-08-01(1)(f) is clear and unambiguous.

When a defendant enters a conditional guilty plea, addressing whether a district court erred in rejecting proposed jury instructions amounts to issuing an advisory opinion.

Twete v. Mullin, et al. 2020 ND 264
Docket No.: 20200106
Filing Date: 12/17/2020
Case Type: REAL PROPERTY
Author: Tufte, Jerod E.

Highlight: As adopted in North Dakota, the Uniform Trust Code (U.T.C.) does not provide for a statutory award of attorney’s fees in cases of breach of trust. The adoption of the U.T.C. without Section 1006 did not displace the limited authority to award attorney’s fees under the common law in cases of breach of trust. The common fund exception does not apply to cases of breach of trust in which the action was brought by the sole beneficiary of the trust.

NBS Consulting v. Harris, et al. 2020 ND 263
Docket No.: 20200203
Filing Date: 12/17/2020
Case Type: LANDLORD/TENANT
Author: Per Curiam

Highlight: An eviction is summarily affirmed under N.D.R.App.P. 35.1(a)(7).