Opinions

Interest of T.S.C. (CONFIDENTIAL)(Consolidated w/20180053 & 20180054) 2018 ND 76
Docket No.: 20180052
Filing Date: 3/22/2018
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Tufte, Jerod E.

Highlight: An untimely notice of appeal leaves the Supreme Court without jurisdiction to consider the appeal.

State v. Sauter 2018 ND 75
Docket No.: 20170339
Filing Date: 3/22/2018
Case Type: Appeal - Criminal - Homicide
Author: VandeWalle, Gerald

Highlight: A warrantless blood-alcohol test is unreasonable unless it falls within a recognized exception to the warrant requirement. A warrantless blood-alcohol test may be justified under the exigent circumstances exception to the warrant requirement.

State v. Redtomahawk 2018 ND 74
Docket No.: 20170353
Filing Date: 3/22/2018
Case Type: Appeal - Criminal - Theft
Author: Per Curiam

Highlight: Criminal judgment for robbery is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

State v. Mbulu 2018 ND 73
Docket No.: 20170341
Filing Date: 3/22/2018
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: Criminal convictions for conspiracy to commit gross sexual imposition, accomplice to gross sexual imposition, conspiracy to commit murder and attempted murder summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4).

Petition of Bolinske 2018 ND 72
Docket No.: 20170333
Filing Date: 3/20/2018
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: An attorney subject to disciplinary proceedings is entitled to procedural due process, including fair notice of the nature of the charges and an opportunity to be heard.

Larimore Public School District No. 44, et al. v. Aamodt, et al. 2018 ND 71
Docket No.: 20170258
Filing Date: 3/19/2018
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: McEvers, Lisa K. Fair

Highlight: The statutory cap on tort damages recoverable from a political subdivision does not violate the open court, jury trial, equal protection, or special law provisions of the state constitution.

Melendez v. Horning III, et al. 2018 ND 70
Docket No.: 20170183
Filing Date: 3/8/2018
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.

Highlight: Nonsignatories to arbitration agreement may compel signatories to the agreement to arbitrate under some circumstances.
Arbitration clauses are construed under principles for contract interpretation in view of public policy favoring arbitration.

Parshall v. State 2018 ND 69
Docket No.: 20170301
Filing Date: 3/8/2018
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Crothers, Daniel John

Highlight: Plea agreements are interpreted according to general contract principles.
A district court's interpretation of a contract may be examined independently on review for error.

Owego Township v. Pfingsten 2018 ND 68
Docket No.: 20170190
Filing Date: 3/8/2018
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: A township's determination or award of damages must be appealed within thirty days of filing under N.D.C.C. §§ 24-07-22 and 28-34-01.

Estate of Albrecht 2018 ND 67
Docket No.: 20170087
Filing Date: 3/8/2018
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Jensen, Jon J.

Highlight: An estate's motion for summary judgment satisfies the statutory requirement that a proceeding on a claim be commenced within sixty days after the personal representative mailed the notice of disallowance.
An individual who consents to a final decree of divorce is not a surviving spouse even if the final decree of divorce is determined to not be valid.
A request for a remedial sanction for contempt may be raised within the proceeding to which the alleged improper conduct is related.
A court has equitable power to order a return to the status quo when a party violating a temporary restraining order has died.
The assertion of an independent claim for economic waste outside of a divorce proceeding is inappropriate.