Opinions

Barrios-Flores v. Levi 2017 ND 117
Docket No.: 20160103
Filing Date: 5/16/2017
Case Type: Appeal - Administrative - Department of Transportation
Author: Kapsner, Carol

Highlight: A law enforcement officer may request a driver to submit to an onsite screening test of the driver's breath if the officer has a reasonable suspicion the individual was driving under the influence.
The Department of Transportation may revoke a driver's license for refusal of an onsite screening test of the driver's breath.

State v. Cox 2017 ND 116
Docket No.: 20160380
Filing Date: 5/16/2017
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Criminal judgment entered after a defendant pled guilty to delivery of methamphetamine is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Jessop v. Levi 2017 ND 115
Docket No.: 20160387
Filing Date: 5/16/2017
Case Type: Appeal - Administrative - Department of Transportation
Author: Per Curiam

Highlight: Revocation of driving privileges is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Buresh v. State 2017 ND 114
Docket No.: 20160378
Filing Date: 5/16/2017
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(1).

Disciplinary Board v. Foster (Consolidated w/ 20160404-20160434) 2017 ND 113
Docket No.: 20160403
Filing Date: 5/1/2017
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer disbarred.

Ceynar, et al. v. Tesoro Logistics LP, et al. 2017 ND 112
Docket No.: 20160243
Filing Date: 4/28/2017
Case Type: Appeal - Civil - Real Property
Author: Crothers, Daniel John

Highlight: The use of an easement must be consistent with the purpose of the original dedication.

Everett v. State (cross ref. w/20070074, 20080063, 20090244, 20100222, (cont) 2017 ND 111
Docket No.: 20160282
Filing Date: 4/25/2017
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Crothers, Daniel John

Highlight: A state court judgment can vest title to real property in any party, and such judgment has the effect of a conveyance.
Property interest owned by tenants in common is presumed to be equal, though parties may rebut this presumption with competent evidence.

Black Stone Minerals Co., et al. v. Brokaw, et al. 2017 ND 110
Docket No.: 20160286
Filing Date: 4/25/2017
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Highlight: A state court judgment can vest title to real property in any party, and such judgment has the effect of a conveyance.
Property interest owned by tenants in common is presumed to be equal, though parties may rebut this presumption with competent evidence.

Gonzalez v. State 2017 ND 109
Docket No.: 20160362
Filing Date: 4/25/2017
Case Type: Appeal - Civil - Post-Conviction Relief
Author: VandeWalle, Gerald

Highlight: Failure to make specific findings of fact and conclusions of law under N.D.C.C. § 23-32.1-11 is harmless error when this Court is able to ascertain from the record the district court's reasoning for its decision.

State v. Gray 2017 ND 108
Docket No.: 20160289
Filing Date: 4/25/2017
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: McEvers, Lisa K. Fair

Highlight: When an affidavit is filed with a complaint, these documents may be read together to test the sufficiency of the complaint in a motion to dismiss. When an appellant assumes the consequences and the risk for the failure to file a transcript on appeal, and this Court will not review an issue if the record on appeal does not allow a meaningful and intelligent review of the district court's alleged error.
This Court will not address arguments raised for the first time on appeal.
A motion to correct an illegal sentence may not be used to reopen a final judgment and collaterally attack an underlying conviction.