Opinions

Korb v. N.D. Dep't of Transportation 2018 ND 226
Docket No.: 20180106
Filing Date: 10/3/2018
Case Type: Appeal - Administrative - Department of Transportation
Author: VandeWalle, Gerald

Highlight: Accurate additional language provided by an officer does not alter the sufficiency of a complete, accurate implied consent advisory under N.D.C.C. § 39-20-01(3).

Testimony from an officer describing the steps taken in sealing and packaging a blood vial showed scrupulous compliance with Form 104.

State v. Wallace 2018 ND 225
Docket No.: 20170459
Filing Date: 10/3/2018
Case Type: Appeal - Criminal - Sexual Offense
Author: Jensen, Jon J.

Highlight: Before accepting a guilty plea, the district court must inform the defendant of and determine that the defendant understands any mandatory minimum penalty, including any mandatory minimum term of probation.
When making a recusal decision, the assigned judge must determine whether a reasonable person could, on the basis of all the facts, reasonably question the judge’s impartiality.

DeForest v. N.D. Dep't of Transportation 2018 ND 224
Docket No.: 20180140
Filing Date: 10/3/2018
Case Type: Appeal - Administrative - Department of Transportation
Author: Tufte, Jerod E.

Highlight: District court judgment finding an incomplete implied consent advisory and reversing the suspension of driver’s license is reversed. The Department’s decision is affirmed, and the appellee’s driving privileges are suspended for 91 days.

IRET Properties, et al. v. Williams County Board of Commissioners 2018 ND 223
Docket No.: 20180070
Filing Date: 10/3/2018
Case Type: Appeal - Civil - Administrative Proceeding
Author: Per Curiam

Highlight: Motion to dismiss granted.

Interest of S.R. (CONFIDENTIAL) 2018 ND 222
Docket No.: 20180346
Filing Date: 10/3/2018
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

Highlight: An appeal from a district court order granting Prairie St. John’s Hospital’s request to involuntarily treat S.R. with prescription medication is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Estate of Moore 2018 ND 221
Docket No.: 20170332
Filing Date: 10/3/2018
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: VandeWalle, Gerald

Highlight: A contract’s language governs its interpretation if the language is clear and explicit and does not involve an absurdity.
The general partnership laws, N.D.C.C. chapters 45-13 through 45-21, govern a partnership to the extent a partnership agreement does not otherwise provide.

Tamba v. State 2018 ND 220
Docket No.: 20180046
Filing Date: 10/3/2018
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

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

Borsheim Builders Supply, Inc. v. Manger Insurance, Inc., et al. 2018 ND 218
Docket No.: 20180082
Filing Date: 9/25/2018
Case Type: Appeal - Civil - Insurance
Author: McEvers, Lisa K. Fair

Highlight: Summary judgment is a procedural device for the prompt resolution of a controversy on the merits without a trial if there are no genuine issues of material fact or inferences that can reasonably be drawn from undisputed facts, or if the only issues to be resolved are questions of law.

The burden of proof rests on a party claiming coverage under an insurance policy, but the insurer has the burden of establishing the applicability of exclusions.

State v. Wangstad 2018 ND 217
Docket No.: 20170452
Filing Date: 9/25/2018
Case Type: Appeal - Criminal - Misc. Felony
Author: Jensen, Jon J.

Highlight: It is not obvious error for a district court to admit into evidence statements concerning a defendant’s prior bad acts at the defendant’s request.

When a defendant does not object to jury instructions at trial, this Court’s review is limited to whether the jury instructions constitute plain error.

When considering a challenge to sufficiency of the evidence, this Court draws all reasonable inferences in favor of the verdict.

State v. Bohe 2018 ND 216
Docket No.: 20170456
Filing Date: 9/25/2018
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Tufte, Jerod E.

Highlight: If a law enforcement officer fails to provide a driver the complete statutory implied consent advisory after the defendant’s arrest and before the driver’s submission to the chemical test, the result is inadmissible in any criminal or administrative proceeding.

The United States Supreme Court decision in Birchfield v. North Dakota did not abrogate the statutory advisory or admissibility standard.