Opinions

Interest of B.A.K. (CONFIDENTIAL) 2018 ND 139
Docket No.: 20180176
Filing Date: 6/5/2018
Case Type: Appeal - Civil - Mental Health
Author: Jensen, Jon J.

Highlight: A district court clearly errs by finding an individual is a person requiring treatment under N.D.C.C. § 25-03.1-02 when the evidence does not support the conclusion the individual's mental health deterioration would predictably result in dangerousness to the individual, others, or property.

Rath v. Rath 2018 ND 138
Docket No.: 20170239
Filing Date: 6/5/2018
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: The district court has broad discretion over the presentation of evidence and conduct of a trial, in addition to whether to grant a continuance.
An appellant assumes the consequences and the risks of failing to provide a complete transcript.
A district court does not operate in a vacuum and may take judicial notice of its prior orders.
A district court's orders denying a motion for new trial and motion to reconsider will not be reversed on appeal absent an abuse of discretion.

Rourke v. State 2018 ND 137
Docket No.: 20170375
Filing Date: 6/5/2018
Case Type: Appeal - Civil - Post-Conviction Relief
Author: McEvers, Lisa K. Fair

Highlight: In order to prevail on a post-conviction relief application based on ineffective assistance of counsel, the petitioner must (1) "show that counsel's representation fell below an objective standard of reasonableness" and (2) "show that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different."
A district court's findings of fact in post-conviction relief proceedings will not be disturbed unless they are clearly erroneous.

Flaten v. Couture, et al. 2018 ND 136
Docket No.: 20170255
Filing Date: 6/5/2018
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Highlight: If the language of a contract is unambiguous, extrinsic evidence is inadmissible to alter, vary, explain, or change the document.
Generally, a person who contracts as an agent for a nonexistent or fictitious entity will be personally liable on the contract.
A motion to alter or amend a judgment under N.D.R.Civ.P. 59(j) allows the court to correct errors of law, but the court may decline to consider issues raised for the first time.<br A motion for relief from judgment under N.D.R.Civ.P. 60(b) is not to be used as a substitute for appeal or to relieve a party from calculated and deliberate choices he has made.

State v. Broom 2018 ND 135
Docket No.: 20170411
Filing Date: 6/5/2018
Case Type: Appeal - Criminal - Drugs/Contraband
Author: VandeWalle, Gerald

Highlight: A law enforcement officer may conduct a frisk, or a pat-down search, of a person only when the officer possesses an articulable suspicion that an individual is armed and dangerous.
When conducting an outer clothing pat-down search for weapons, an officer is only entitled to continue to a more intrusive search of a person's inner garments if the pat-down reveals the presence of an object of a size and density that reasonably suggests the object might be a weapon. The purpose of the more invasive search is to ensure officer safety and to determine whether the object is in fact a weapon.

Jensen v. State 2018 ND 134
Docket No.: 20170402
Filing Date: 6/5/2018
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Tufte, Jerod E.

Highlight: The right to a preliminary hearing is waived when a defendant fails to raise the issue at an arraignment or change of plea hearing and proceeds to plead guilty.

State v. Erickson 2018 ND 133
Docket No.: 20170320
Filing Date: 6/5/2018
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Tufte, Jerod E.

Highlight: If an officer's reasonable suspicion is dispelled after lawfully stopping an individual, the officer may make contact with the individual only to briefly explain the reason for the stop.

State v. Taylor 2018 ND 132
Docket No.: 20170321
Filing Date: 6/5/2018
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: VandeWalle, Gerald

Highlight: The requirements for a valid traffic stop are not an essential element of the crime of refusing a chemical test for intoxication.
A defendant's claim that a law enforcement officer did not have an articulable reason to stop the defendant's motor vehicle must be raised before trial and the failure to make an appropriate pretrial motion constitutes a waiver of the issue.

Pierce, et al. v. Anderson, et al. 2018 ND 131
Docket No.: 20180005
Filing Date: 6/5/2018
Case Type: Original Proceeding - Civil - Writ of Supervision
Author: Jensen, Jon J.

Highlight: This Court cautiously exercises its supervisory jurisdiction to prevent injustice in extraordinary cases where there is no adequate alternative remedy.
Under N.D.C.C. § 28-01-46, an occurrence is not obvious if it takes place during a technical surgical procedure and is beyond the understanding of a layperson.

Dickson v. Dickson 2018 ND 130
Docket No.: 20170334
Filing Date: 6/5/2018
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: An original determination to award primary residential responsibility is necessary when the parents have joint or equal residential responsibility or when the earlier residential responsibility determination is based on the parties' stipulation.
A court may consider, but is not bound by a finding of domestic violence in another proceeding under N.D.C.C. ch. 14-07.1. If the court finds credible evidence that domestic violence has occurred, and there exists one incident of domestic violence which resulted in serious bodily injury or involved the use of a dangerous weapon or there exists a pattern of domestic violence within a reasonable time proximate to the proceeding, this combination creates a rebuttable presumption that a parent who has perpetrated domestic violence may not be awarded residential responsibility for the child. N.D.C.C. 14-09-06.2(1)(j).