Opinions

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.

Becker, et al. v. Burleigh County, et al. 2019 ND 68
Docket No.: 20180259
Filing Date: 3/13/2019
Case Type: Appeal - Civil - Real Property
Author: Tufte, Jerod E.

Highlight: Injunctive relief may be granted against public entities without exhaustion of administrative remedies where the plaintiff challenges the legality and validity of a decision rather than the public entity’s wisdom, propriety, or correctness in making the decision.

Raising the grade of streets is consistent with travel or transportation, the primary use of streets.

A statutory dedication transfers the fee of the property to the public.

Publicly filed documents are presumed regular and correct until shown otherwise by evidence.

A party who fails to timely object to the clerk’s taxation of costs is precluded from seeking review of these costs on appeal.

Interest of Carter (cross-referenced w/20100180 & 20160236) 2019 ND 67
Docket No.: 20180189
Filing Date: 3/13/2019
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Tufte, Jerod E.

Highlight: A district court must find an individual has serious difficulty controlling his behavior to continue that person’s commitment as a sexually dangerous individual.

The conduct relied upon to demonstrate the individual’s serious difficulty controlling his behavior need not be sexual in nature.

State v. Alberts 2019 ND 66
Docket No.: 20180187
Filing Date: 3/13/2019
Case Type: Appeal - Criminal - Homicide
Author: VandeWalle, Gerald

Highlight: Issues raised for the first time on appeal will not be considered unless they rise to the level of obvious error.
An unambiguous oral sentencing pronouncement will control over an ambiguous written sentence.
The district court has discretion in sentencing a criminal defendant, and review of a sentence on appeal is limited to determining whether the district court acted within the limits prescribed by statute or substantially relied on an impermissible factor.

State v. Thorsteinson 2019 ND 65
Docket No.: 20180233
Filing Date: 3/13/2019
Case Type: Appeal - Criminal - Misc. Felony
Author: Crothers, Daniel John

Highlight: Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith, but may be admissible to show motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.

In considering whether evidence of prior crimes, wrongs, or bad acts is admissible, a court must determine: (1) the purpose for which the evidence is introduced; (2) whether the evidence of the prior bad acts is substantially reliable or clear and convincing; and (3) whether proof of the crime charged permits the trier of fact to establish the defendant’s guilt or innocence independently on the evidence presented without considering the prior bad acts.

A court must give a cautionary instruction about the limited use of prior bad acts evidence, and must examine whether the probative value of the evidence substantially outweighs its possible prejudicial effect.

Jury instructions must correctly and adequately inform the jury of applicable law and it is not error to refuse to give defendant’s jury instruction if it may mislead or confuse the jury.

Gonzales v. WSI 2019 ND 63
Docket No.: 20180365
Filing Date: 3/13/2019
Case Type: Appeal - Administrative - Workers Compensation
Author: Per Curiam

Highlight: District court judgment affirming a Workforce Safety and Insurance order denying workplace injury benefits is summarily affirmed under N.D.R.App.P. 35.1(a)(5).

White v. State 2019 ND 62
Docket No.: 20180307
Filing Date: 3/13/2019
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: District court’s finding that applicant for post-conviction relief failed to establish his counsel’s representation fell below an objective standard of reasonableness was not clearly erroneous.