Opinions

Yahnke v. State 2018 ND 66
Docket No.: 20170185
Filing Date: 3/8/2018
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court's order denying Yahnke's post-conviction relief application is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).

Carroll v. Carroll (cross-reference w/20160190) 2018 ND 65
Docket No.: 20170292
Filing Date: 3/8/2018
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: An amended divorce judgment entered on remand and an order reducing child support obligation are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Huft v. Huft 2018 ND 64
Docket No.: 20170432
Filing Date: 3/8/2018
Case Type: Appeal - Civil - Other
Author: Per Curiam

Highlight: Order granting disorderly conduct restraining order is summarily reversed under N.D.R.App.P. 35.1(b).

James Vault & Precast Co., et al. v. B&B Hot Oil Service, Inc., et al. 2018 ND 63
Docket No.: 20170130
Filing Date: 3/1/2018
Case Type: Appeal - Civil - Other
Author: Jensen, Jon J.

Highlight: In a multi-claim or a multi-party lawsuit with some adjudicated claims, the Supreme Court will not exercise appellate jurisdiction in cases in which parties voluntarily dismiss without prejudice all remaining unadjudicated claims with an intent to circumvent the requirements of N.D.R.Civ.P. 54(b) and artificially manufacture finality for purposes of appellate jurisdiction.

Riddle v. Riddle 2018 ND 62
Docket No.: 20170233
Filing Date: 2/22/2018
Case Type: Appeal - Civil - Divorce - Property
Author: VandeWalle, Gerald

Highlight: Under the plain language of N.D.R.Civ.P. 59(b)(1), an irregularity in the proceeding must result from an action "of the court, jury, or adverse party, or any court order or abuse of discretion that prevented a party from having a fair trial."
Under N.D.R.Civ.P. 59(b)(4), evidence is not newly discovered merely because it was not presented to the court in the first instance if it was discoverable before trial.
Due process does not require a court to ensure a litigant's presence at a civil proceeding.
An ineffective assistance of counsel claim is a procedural remedy reserved for those who are statutorily or constitutionally guaranteed right to counsel.

State v. Kremer 2018 ND 61
Docket No.: 20170198
Filing Date: 2/22/2018
Case Type: Appeal - Criminal - Sexual Offense
Author: VandeWalle, Gerald

Highlight: Self-represented parties should not be treated differently nor allowed any more or any less consideration than parties represented by counsel. "Property" subject to forfeiture includes noncontraband computer files as well as contraband computer files contained on an electronic device.
The possibility a defendant might use otherwise unforfeitable property in an unlawful manner after completion of his criminal sentence does not render the property forfeitable.
Issues not raised in the district court will not be addressed on appeal.

State v. Isom 2018 ND 60
Docket No.: 20170261
Filing Date: 2/22/2018
Case Type: Appeal - Criminal - Assault
Author: Crothers, Daniel John

Highlight: A sentence for supervised probation may not exceed the legal maximum.
Jeopardy attaches when a jury is empaneled and then sworn to hear the case.
Evidence is sufficient if it allows the jury to draw an inference reasonably tending to prove guilt and fairly warranting a conviction when viewed in the light most favorable to the verdict.

Koenig v. State 2018 ND 59
Docket No.: 20170253
Filing Date: 2/22/2018
Case Type: Appeal - Civil - Post-Conviction Relief
Author: VandeWalle, Gerald

Highlight: A defendant's statutory right to a speedy trial must be made within the 14-day window following arraignment.
Evaluating a defendant's constitutional right to a speedy trial requires balancing four factors: length of the delay, reason for the delay, proper assertion of the right, and actual prejudice to the accused.
A court may summarily dismiss an application for post-conviction relief under N.D.C.C. § 29-32.1-09 if there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law.

State, et al. v. White 2018 ND 58
Docket No.: 20170263
Filing Date: 2/22/2018
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: Relief from a final order or judgment under N.D.R.Civ.P. 60(b) should be granted only when extraordinary circumstances are present.
A N.D.R.Civ.P. 60(b) motion should not be used to relieve a party from free, calculated, and deliberate choices, and a party is obligated to take legal steps to protect his or her own interests.

Sauter v. Miller, et al. 2018 ND 57
Docket No.: 20170260
Filing Date: 2/22/2018
Case Type: Appeal - Civil - Real Property
Author: VandeWalle, Gerald

Highlight: The right to ownership of land and passage of title, as a consequence of adverse possession or acquiescence, occur when the statutory period for possession has been satisfied.
The continuous possession requirement for adverse possession and acquiescence is not disturbed by a nonacquiescent action that brings rise to the quiet title action.