Opinions

Dixon v. Dixon, et al. 2017 ND 174
Docket No.: 20160438
Filing Date: 7/12/2017
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Kapsner, Carol

Highlight: A deed may be reformed if there is a mutual mistake and the contract does not truly express the parties' intention.
The district court has discretion in deciding whether to allow substitution of a party.

Leavitt v. State 2017 ND 173
Docket No.: 20160398
Filing Date: 7/12/2017
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Crothers, Daniel John

Highlight: In opposing a State's motion for summary disposition, an applicant for post-conviction relief may not merely rely on the pleadings or on unsupported conclusory allegations but must present competent admissible evidence by affidavit or other comparable means which raises an issue of material fact.
To avoid summary dismissal of an ineffective assistance of counsel claim, an applicant for post-conviction relief must present some evidence that his counsel's performance fell below an objective standard of reasonableness, and he must overcome the presumption that his counsel's performance was within the broad range of reasonableness.

State v. Hawkins 2017 ND 172
Docket No.: 20160354
Filing Date: 7/12/2017
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Kapsner, Carol

Highlight: A district court's decision on a motion to suppress evidence will be affirmed unless the decision is not supported by sufficient competent evidence, or unless the decision is against the manifest weight of the evidence.
Consent is an exception to the warrant requirement.
The voluntariness of consent is a finding of fact determined under the totality of the circumstances.

State v. Teggatz 2017 ND 171
Docket No.: 20160367
Filing Date: 7/12/2017
Case Type: Appeal - Criminal - Misc. Felony
Author: Kapsner, Carol

Highlight: A district court's decision to admit or exclude evidence is subject to review for abuse of discretion.
The "present sense impression" exception to the rule against hearsay, under N.D.R.Ev. 803, applies to "a statement describing or explaining an event or condition, made while or immediately after the declarant perceived the event or condition."

Schaffner v. Schaffner (cross reference w/20160388 & 20170021) 2017 ND 170
Docket No.: 20170044
Filing Date: 7/12/2017
Case Type: Appeal - Civil - Child Support
Author: Tufte, Jerod E.

Highlight: For purposes of appealability, district court orders are treated as final judgments if the district judge intended the order to be a final judgment.

Mosser, et al. v. Denbury Resources, Inc., et al. 2017 ND 169
Docket No.: 20160379
Filing Date: 7/12/2017
Case Type: Certified Question - Civil - Civil
Author: Kapsner, Carol

Highlight: Absent a prior conveyance of pore space to a third party, the owner of a surface estate owns the pore space beneath the surface.
A surface owner may recover damages from a mineral developer for the developer's use of pore space for saltwater disposal.

State v. Glick 2017 ND 168
Docket No.: 20160439
Filing Date: 7/12/2017
Case Type: Appeal - Criminal - Assault
Author: Crothers, Daniel John

Highlight: Motions for mistrial fall within the broad discretion of the district court and will not be reversed on appeal absent a showing that the court abused its discretion or that a manifest injustice would occur.

Denault v. State 2017 ND 167
Docket No.: 20160294
Filing Date: 7/12/2017
Case Type: Appeal - Civil - Other
Author: Kapsner, Carol

Highlight: Declaratory judgment actions are reviewed under the same standards as other cases.
The district court's decision whether to grant or deny a request for a declaratory judgment is discretionary and will not be set aside on appeal absent an abuse of discretion.

Interest of M.M.C. (CONFIDENTIAL)(consolidated w/20170209-20170211 & 20170217-20 2017 ND 166
Docket No.: 20170208
Filing Date: 7/12/2017
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Crothers, Daniel John

Highlight: A district judge's order affirming a juvenile court referee's findings of fact and order terminating parental rights, and adopting the referee's order is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Watkins 2017 ND 165
Docket No.: 20160392
Filing Date: 7/12/2017
Case Type: Appeal - Criminal - Theft
Author: VandeWalle, Gerald

Highlight: When a district court error has been waived or invited in a criminal case, the obvious error analysis under N.D.R.Crim.P. 52(b) does not apply.