Opinions

Gerrity Bakken, LLC v. Oasis Petroleum North America LLC, et al. 2018 ND 180
Docket No.: 20180017
Filing Date: 7/18/2018
Case Type: Appeal - Civil - Real Property
Author: Tufte, Jerod E.

Highlight: Deeds must be construed as a whole to give effect to each provision, if reasonably possible.
The law presumes that differently spelled names refer to the same person when they sound alike or when common usage has by corruption or abbreviation made their pronunciation identical.
A quiet title judgment is not binding on any persons having interests in leases and wells who were not made parties to the action.
A non-party may maintain a suit to set aside an allegedly damaging judgment if he has an interest which is jeopardized by enforcement of the judgment and the circumstances support a present grant of relief.

Ramirez v. Walmart 2018 ND 179
Docket No.: 20180027
Filing Date: 7/18/2018
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: Although an order dismissing a complaint without prejudice is generally not appealable, when a statute of limitations has run, a dismissal without prejudice is appealable because it forecloses litigation in the plaintiff's chosen forum.
The retaliatory discharge statute prohibits an employer from discharging an employee for reporting illegalities, and was not intended to protect an employee who acts for a purpose other than exposing an illegality.

Interest of B.H. (CONFIDENTIAL) 2018 ND 178
Docket No.: 20180165
Filing Date: 7/18/2018
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Tufte, Jerod E.

Highlight: The findings in an oral order may control if they are not inconsistent with the written order.
Even if a juvenile court finds that a child has been subjected to aggravated circumstances pursuant to N.D.C.C. § 27-20-44(1)(b), it does not abuse its discretion by denying a termination of parental rights if it concludes the child's welfare will not be seriously affected.

Bickler, et al. v. Happy House Movers, L.L.P. 2018 ND 177
Docket No.: 20180086
Filing Date: 7/18/2018
Case Type: Appeal - Civil - Other
Author: McEvers, Lisa K. Fair

Highlight: This Court does not consider questions that were not presented to the district court and are raised for the first time on appeal.
The moving party bears the burden of establishing sufficient grounds for disturbing the finality of the judgment under N.D.R.Civ.P. 60(b).

Interest of G.L. (CONFIDENTIAL) 2018 ND 176
Docket No.: 20170406
Filing Date: 7/18/2018
Case Type: Appeal - Civil - Juvenile Law
Author: Crothers, Daniel John

Highlight: After finding a parent has removed the impediments causing a child's initial deprivation leading to a guardianship, the juvenile court must find exceptional circumstances before it may analyze the child's best interests in continuing the guardianship.
The juvenile court may not delegate determination of a visitation schedule.

State v. Grant 2018 ND 175
Docket No.: 20170443
Filing Date: 7/17/2018
Case Type: Appeal - Criminal - Sexual Offense
Author: Crothers, Daniel John

Highlight: Obvious error should be noticed on appeal only in exceptional circumstances and when there was a clear deviation from an applicable legal rule under current law.

Haider v. Moen 2018 ND 174
Docket No.: 20170348
Filing Date: 7/11/2018
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Jensen, Jon J.

Highlight: After requesting the jury to make factual findings relating to treble damages, the district court abuses its discretion by failing to instruct the jury on the statutory treble damages.
The district court has discretion to bifurcate a jury's determination on actual damages from the determination necessary for treble damages.
After a motion in limine is granted, failure to renew objections at trial waives the argument on appeal.

State v. Hunter 2018 ND 173
Docket No.: 20170345
Filing Date: 7/11/2018
Case Type: Appeal - Criminal - Homicide
Author: Tufte, Jerod E.

Highlight: Whether a defendant voluntarily, knowingly, and intelligently waived his Miranda rights depends on the totality of the circumstances.
A lapse of time between a defendant's being given the Miranda warning and the custodial interrogation is one factor in determining whether a defendant has voluntarily waived his rights.
Drug use or fatigue are relevant factors in determining whether a defendant has voluntarily waived his rights.
Physician-patient privilege under N.D.R.Ev. 503 applies only to communications made for the purpose of diagnosis or treatment.

State v. Ngale 2018 ND 172
Docket No.: 20180031
Filing Date: 7/11/2018
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: McEvers, Lisa K. Fair

Highlight: A reserve deputy, who provides services on a non-salaried basis and has full arrest authority, is not required to be licensed to perform peace officer law enforcement duties.

State v. Blue (consolidated w/20170388) 2018 ND 171
Docket No.: 20170387
Filing Date: 7/11/2018
Case Type: Appeal - Criminal - Misc. Felony
Author: McEvers, Lisa K. Fair

Highlight: Article I, Section 25(1)(n), N.D. Const., and N.D.C.C. 12.1-32-08(1)(b) are not in conflict, and the court must attempt to harmonize a statute and a constitutional provision when possible.
When a claim of disproportionality is made, the court first compares the gravity of the offense to the harshness of the penalty. If the court finds a gross disproportion ality exists, then the court should compare the defendant's sentence with sentences received by other offenders in the same jurisdiction and with sentences imposed for the same crime in other jurisdictions.