Opinions

Interest of C.D.C. (CONFIDENTIAL) 2019 ND 92
Docket No.: 20180371
Filing Date: 4/11/2019
Case Type: Appeal - Civil - Paternity
Author: Per Curiam

Highlight: Appeal from an order denying motion to vacate judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

State v. Johnson 2019 ND 91
Docket No.: 20180349
Filing Date: 4/11/2019
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Criminal judgment finding defendant guilty of unlawful possession of a controlled substance in violation of N.D.C.C. § 19-03.1-23 and unlawful possession of drug paraphernalia in violation of N.D.C.C. § 19-03.4-03 is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).

Disciplinary Board v. Turcotte 2019 ND 90
Docket No.: 20190042
Filing Date: 4/8/2019
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Attorney reprimanded.

Bearce, et al. v. Yellowstone Energy Development, LLC 2019 ND 89
Docket No.: 20180256
Filing Date: 3/22/2019
Case Type: Appeal - Civil - Contracts
Author: Jensen, Jon J.

Highlight: The proper remedy for fraud is recision of the contract.

Parties agreed to continue with the sale of the real property after failure of condition precedent.

Finding that a contract for deed was ambiguous required remand for interpretation of that contract for deed using extrinsic evidence.

A contract is ambiguous when reasonable arguments can be made for different positions on its meaning.

Interest of D.M.H. (CONFIDENTIAL) 2019 ND 88
Docket No.: 20180313
Filing Date: 3/21/2019
Case Type: Appeal - Civil - Juvenile Law
Author: Per Curiam

Highlight: When awarding a guardianship, the district court must determine whether the parents should be awarded visitation. The district court may not delegate determination of a visitation schedule.

Estate of Brandt 2019 ND 87
Docket No.: 20180160
Filing Date: 3/18/2019
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Jensen, Jon J.

Highlight: A personal representative is not precluded from filing petitions as an interested person in the supervised administration of an estate while simultaneously performing fiduciary duties to distribute property according to a will and the best interests of an estate.

A probate court has jurisdiction to determine title to property alleged to belong to an estate and the value of that property.

Petitions and accompanying documents filed with the probate court are deemed to include an oath or affirmation of truthfulness.

An appellate court reviews a final report and accounting allocating estate assets under an abuse-of-discretion standard.

State v. Hamre 2019 ND 86
Docket No.: 20180055
Filing Date: 3/18/2019
Case Type: Appeal - Criminal - Assault
Author: Tufte, Jerod E.

Highlight: In considering a speedy trial claim, a district court must balance the length of the delay, the reason for the delay, the accused’s assertion of the right to a speedy trial, and the prejudice to the accused.

State v. Guthmiller 2019 ND 85
Docket No.: 20180225
Filing Date: 3/18/2019
Case Type: Appeal - Criminal - Sexual Offense
Author: Crothers, Daniel John

Highlight: A district court order denying a defendant’s motion to withdraw a guilty plea is affirmed if the defendant fails to show a “fair and just” reason for withdrawal.

Issues not adequately raised at the trial level will not be addressed for the first time on appeal.

State v. Morsette 2019 ND 84
Docket No.: 20180076
Filing Date: 3/15/2019
Case Type: Appeal - Criminal - Drugs/Contraband
Author: McEvers, Lisa K. Fair

Highlight: A district court’s finding that the facts support a reasonable and articulable suspicion is fully reviewable on appeal.

Merely observing a driver tapping the illuminated screen of his cell phone for two seconds does not create reasonable and articulable suspicion that a violation of N.D.C.C. 39-08-23 has occurred.

It is not reasonable to conclude an officer made a reasonable mistake of fact if he is unable to articulate why he thought an individual’s conduct violated the law.

Lies v. N.D. Dep't of Transportation 2019 ND 83
Docket No.: 20180393
Filing Date: 3/15/2019
Case Type: Appeal - Administrative - Department of Transportation
Author: VandeWalle, Gerald

Highlight: Burden is on moving party to prove vehicle properly identified by evidence.
Reasonable suspicion not present where officers could not reasonably identify vehicle after tip.