Opinions

Tiah v. State 2025 ND 2
Docket No.: 20240216
Filing Date: 1/9/2025
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: An amended judgment denying applications for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Tiah v. State 2025 ND 2
Docket No.: 20240217
Filing Date: 1/9/2025
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: An amended judgment denying applications for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Tiah v. State 2025 ND 2
Docket No.: 20240218
Filing Date: 1/9/2025
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: An amended judgment denying applications for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Caspers 2025 ND 1
Docket No.: 20240124
Filing Date: 1/9/2025
Case Type: Appeal - Criminal - Misc. Felony
Author: Jensen, Jon J.

Highlight: Under N.D.C.C. § 12.1-32-06.1, a defendant cannot be ordered to a third period of probation. The statute allows for an initial period of probation and one additional period of probation not to exceed five years.

A district court order denying in part a motion for reduced sentence is affirmed.

City of Fargo v. State 2024 ND 236
Docket No.: 20240125
Filing Date: 12/19/2024
Case Type: Appeal - Civil - Other
Author: Bahr, Douglas Alan

Highlight: A home rule city's power to enact ordinances that supersede state law is not without limitation because a home rule city's powers must be based upon statutory provisions.

Cities are creatures of statute and possess only those powers and authorities granted by statute or necessarily implied from an express statutory grant.

Hoff v. State 2024 ND 235
Docket No.: 20240158
Filing Date: 12/19/2024
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Bahr, Douglas Alan

Highlight: A postconviction relief application barred by the two-year limitation in N.D.C.C. § 29-32.1-01(2) is not excepted by N.D.C.C. § 29-32.1-01(3) when the applicant demonstrates a physical disability or mental disease does not preclude timely assertion of their application for relief.

Although Rule 615, N.D.R.Ev., uses the plural term "witnesses," the plural term "witnesses" is interpreted to include the singular term "witness." Therefore, a party may request to sequester a single witness.

Hoff v. State 2024 ND 235
Docket No.: 20240159
Filing Date: 12/19/2024
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Bahr, Douglas Alan

Highlight: A postconviction relief application barred by the two-year limitation in N.D.C.C. § 29-32.1-01(2) is not excepted by N.D.C.C. § 29-32.1-01(3) when the applicant demonstrates a physical disability or mental disease does not preclude timely assertion of their application for relief.

Although Rule 615, N.D.R.Ev., uses the plural term "witnesses," the plural term "witnesses" is interpreted to include the singular term "witness." Therefore, a party may request to sequester a single witness.

Adoption of H.W.L. 2024 ND 234
Docket No.: 20240289
Filing Date: 12/19/2024
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: A district court order terminating parental rights and granting a petition for adoption is summarily affirmed under N.D.R.App. 35.1(a)(2) and (4).

Overbo v. Overbo, et al. 2024 ND 233
Docket No.: 20240164
Filing Date: 12/19/2024
Case Type: Appeal - Civil - Constitutional Law
Author: Crothers, Daniel John

Highlight: The party presentation principle requires courts refrain from deciding constitutional questions not submitted by the litigants.

Sanderson v. Agotness 2024 ND 232
Docket No.: 20240054
Filing Date: 12/19/2024
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: A judge acting within their judicial capacity is protected by judicial immunity.

The prevailing party of a frivolous action shall be awarded attorney's fees.