Opinions

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.

State v. Rende 2018 ND 56
Docket No.: 20170144
Filing Date: 2/22/2018
Case Type: Appeal - Criminal - Assault
Author: VandeWalle, Gerald

Highlight: A district court's use of jury instructions that fail to include every element of the offense is error. However, that error is waived if defendant invited the error by submitting proposed instructions that also failed to include every element of the offense and if the defendant failed to object to the instructions at trial.
It is a cardinal rule of appellate review that a party may not challenge as error a ruling or other trial proceeding invited by that party. A party may not take advantage of irregularities in the proceedings unless he objects at the time they occur, allowing the district court to take appropriate action.

Snider, et al. v. Dickinson Elks Building, LLC 2018 ND 55
Docket No.: 20170284
Filing Date: 2/22/2018
Case Type: Appeal - Civil - Real Property
Author: Tufte, Jerod E.

Highlight: Under N.D.C.C. § 43-07-02, a contractor is precluded from bringing any claims, suits, or actions related to the contractor's business or capacity as a contractor for periods when the contractor was not licensed.

Comes v. State 2018 ND 54
Docket No.: 20170346
Filing Date: 2/22/2018
Case Type: Appeal - Civil - Post-Conviction Relief
Author: McEvers, Lisa K. Fair

Highlight: Affirmative defenses, including statutes of limitations, are waived if not pleaded.
An issue is not ripe for review if it depends on future contingencies which, although they might occur, necessarily may not, thus making addressing the question premature.

Tuhy v. Tuhy 2018 ND 53
Docket No.: 20170214
Filing Date: 2/22/2018
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: In a divorce, property division need not be equal to be equitable, but a substantial disparity must be explained.
An award of spousal support is a finding of fact which will not be set aside on appeal unless clearly erroneous.
When an award of attorney's fees is not raised in a motion for a new trial, it cannot be raised on appeal.

State v. Fleckenstein 2018 ND 52
Docket No.: 20170276
Filing Date: 2/22/2018
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Tufte, Jerod E.

Highlight: Law enforcement's reading of the implied consent advisory does not render consent to a blood test per se involuntary. Involuntariness must be examined under the totality of the circumstances.