Opinions

State v. Rende 2018 ND 33
Docket No.: 20170060
Filing Date: 1/25/2018
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Jensen, Jon J.

Highlight: If probable cause for an arrest for driving under the influence is not an issue at trial, evidence of a preliminary breath test result is inadmissible.
A district court's denial of a motion for mistrial, after the State presented evidence of a preliminary breath test result at trial, was an abuse of discretion.

State v. Shaw (cross-reference w/20150190) 2018 ND 32
Docket No.: 20170078
Filing Date: 1/25/2018
Case Type: Appeal - Criminal - Homicide
Author: VandeWalle, Gerald

Highlight: Before admitting evidence of a defendant's prior bad acts, a court must apply a three-part test and consider whether the probative value of the evidence outweighs its prejudicial effect.
A witness is considered unavailable if he or she refuses to testify despite a court order to do so.

State v. Brown (consolidated w/20170048, 20170049 & 20170050) 2018 ND 31
Docket No.: 20170047
Filing Date: 1/24/2018
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Tufte, Jerod E.

Highlight: Evidence of a defendant's actual notice of a license suspension is sufficient to support a conviction for driving under suspension.
An offense for purposes of enhancing a sentence for driving under suspension is conduct for which a term of imprisonment or a fine is authorized after a conviction.

Valeu v. Strube 2018 ND 30
Docket No.: 20170247
Filing Date: 1/22/2018
Case Type: Appeal - Civil - Child Support
Author: Tufte, Jerod E.

Highlight: A party moving for modification of primary residential responsibility of a child more than two years after entry of a prior order establishing residential responsibility must prove that a material change has occurred in the circumstances of the child or parties and that modification is necessary to serve the child's best interests.

Benson, et al. v. Feland Brothers Properties, et al. 2018 ND 29
Docket No.: 20170132
Filing Date: 1/22/2018
Case Type: Appeal - Civil - Real Property
Author: Tufte, Jerod E.

Highlight: Surveys are not conclusive evidence of boundary lines. While a water line may shift from time to time, it remains a valid boundary line.
The district court does not clearly err by tacking on time for purposes of adverse possession when the first adverse possessor makes improvements to the property, the second adverse possessor uses the property seasonally, and both pay taxes on the property.

Martin v. Marquee Pacific, LLC, et al. 2018 ND 28
Docket No.: 20170256
Filing Date: 1/22/2018
Case Type: Appeal - Civil - Foreclosure
Author: Jensen, Jon J.

Highlight: The rule on joinder, N.D.R.Civ.P. 19, does not require dismissal of an action for failure to join a party in an earlier action.
A party with a single cause of action generally may not split that cause of action and maintain several lawsuits for different parts of the action.
For res judicata purposes, privity exists if one is so identified in interest with another that he or she represents the same legal right. Privity includes a person not technically a party to a judgment, but who is, nonetheless, connected with it by her interest in the prior litigation and by her right to participate therein.

Interest of C.B. (CONFIDENTIAL) 2018 ND 27
Docket No.: 20170155
Filing Date: 1/22/2018
Case Type: Appeal - Criminal - Juvenile Law
Author: McEvers, Lisa K. Fair

Highlight: Jeopardy does not attach at a pretrial motion to dismiss.
If a defendant is not required to register as a sex offender in another state, the Full Faith and Credit Clause of the United States Constitution does not prohibit North Dakota from requiring a defendant to register.

Wieland v. City of Fargo 2018 ND 26
Docket No.: 20170196
Filing Date: 1/22/2018
Case Type: Appeal - Civil - Administrative Proceeding
Author: Crothers, Daniel John

Highlight: A district court does not have appellate jurisdiction unless authorized by statute.
An appeal is not a matter of right but a creature of statute, and no right to appeal exists unless authorized by statute.
Absent statutory authority, a city's resolution of necessity authorizing an eminent domain proceeding may not be directly appealed to the district court.

Brandt, et al. v. City of Fargo 2018 ND 26
Docket No.: 20170162
Filing Date: 1/22/2018
Case Type: Appeal - Civil - Administrative Proceeding
Author: Crothers, Daniel John

Highlight: A district court does not have appellate jurisdiction unless authorized by statute.
An appeal is not a matter of right but a creature of statute, and no right to appeal exists unless authorized by statute.
Absent statutory authority, a city's resolution of necessity authorizing an eminent domain proceeding may not be directly appealed to the district court.

Dixon v. Dixon 2018 ND 25
Docket No.: 20170212
Filing Date: 1/22/2018
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Crothers, Daniel John

Highlight: A case becomes moot when, because of the lapse of time or the occurrence of events, a court is unable to render effective relief.
People may waive rights and privileges which are conferred by statute and are intended for their benefit.
Summary judgment should not be used to conduct a mini-trial of disputed fact issues.