Opinions

St. Alexius Medical Center v. N.D. Dep't of Human Services 2018 ND 36
Docket No.: 20170200
Filing Date: 2/1/2018
Case Type: Appeal - Civil - Administrative Proceeding
Author: Jensen, Jon J.

Highlight: The agency's failure to comply with a statutory requirement to issue a decision within seventy-five days under N.D.C.C. § 50-24.1-24(5) does not terminate the agency's subject matter jurisdiction.
A provider supplying medical services to Medicaid recipients is entitled to administrative review of a denial of payment for a medical assistance claim pursuant to N.D.C.C. § 50-24.1-24.

Sanford Healthcare Accessories, LLC v. N.D. Dep't of Human Services, et al. 2018 ND 35
Docket No.: 20170238
Filing Date: 2/1/2018
Case Type: Appeal - Civil - Administrative Proceeding
Author: VandeWalle, Gerald

Highlight: The agency's failure to comply with the seventy-five day statutory requirement for issuing its final decision reviewing a denial of payment of a medical assistance claim under N.D.C.C. § 50-24.1-24 does not automatically invalidate the agency's decision.
A balancing test must be applied to determine whether an agency's failure to comply with a directory duty invalidates subsequent proceedings.

Innis-Smith v. Smith 2018 ND 34
Docket No.: 20170031
Filing Date: 1/26/2018
Case Type: Appeal - Civil - Divorce - Property
Author: Tufte, Jerod E.

Highlight: In a divorce, a district court may consider all of the parties' time together in dividing the marital property when parties live together and then marry.
On a party's motion to reopen the record to present additional evidence relating to asset values, relief may be justified in extraordinary cases when a substantial, unanticipated change in valuation of an asset occurs after trial but before distribution.

State v. Rende 2018 ND 33
Docket No.: 20170060
Filing Date: 1/25/2018
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Jensen, Jon J.

Highlight: If probable cause for an arrest for driving under the influence is not an issue at trial, evidence of a preliminary breath test result is inadmissible.
A district court's denial of a motion for mistrial, after the State presented evidence of a preliminary breath test result at trial, was an abuse of discretion.

State v. Shaw (cross-reference w/20150190) 2018 ND 32
Docket No.: 20170078
Filing Date: 1/25/2018
Case Type: Appeal - Criminal - Homicide
Author: VandeWalle, Gerald

Highlight: Before admitting evidence of a defendant's prior bad acts, a court must apply a three-part test and consider whether the probative value of the evidence outweighs its prejudicial effect.
A witness is considered unavailable if he or she refuses to testify despite a court order to do so.

State v. Brown (consolidated w/20170048, 20170049 & 20170050) 2018 ND 31
Docket No.: 20170047
Filing Date: 1/24/2018
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Tufte, Jerod E.

Highlight: Evidence of a defendant's actual notice of a license suspension is sufficient to support a conviction for driving under suspension.
An offense for purposes of enhancing a sentence for driving under suspension is conduct for which a term of imprisonment or a fine is authorized after a conviction.

Valeu v. Strube 2018 ND 30
Docket No.: 20170247
Filing Date: 1/22/2018
Case Type: Appeal - Civil - Child Support
Author: Tufte, Jerod E.

Highlight: A party moving for modification of primary residential responsibility of a child more than two years after entry of a prior order establishing residential responsibility must prove that a material change has occurred in the circumstances of the child or parties and that modification is necessary to serve the child's best interests.

Benson, et al. v. Feland Brothers Properties, et al. 2018 ND 29
Docket No.: 20170132
Filing Date: 1/22/2018
Case Type: Appeal - Civil - Real Property
Author: Tufte, Jerod E.

Highlight: Surveys are not conclusive evidence of boundary lines. While a water line may shift from time to time, it remains a valid boundary line.
The district court does not clearly err by tacking on time for purposes of adverse possession when the first adverse possessor makes improvements to the property, the second adverse possessor uses the property seasonally, and both pay taxes on the property.

Martin v. Marquee Pacific, LLC, et al. 2018 ND 28
Docket No.: 20170256
Filing Date: 1/22/2018
Case Type: Appeal - Civil - Foreclosure
Author: Jensen, Jon J.

Highlight: The rule on joinder, N.D.R.Civ.P. 19, does not require dismissal of an action for failure to join a party in an earlier action.
A party with a single cause of action generally may not split that cause of action and maintain several lawsuits for different parts of the action.
For res judicata purposes, privity exists if one is so identified in interest with another that he or she represents the same legal right. Privity includes a person not technically a party to a judgment, but who is, nonetheless, connected with it by her interest in the prior litigation and by her right to participate therein.

Interest of C.B. (CONFIDENTIAL) 2018 ND 27
Docket No.: 20170155
Filing Date: 1/22/2018
Case Type: Appeal - Criminal - Juvenile Law
Author: McEvers, Lisa K. Fair

Highlight: Jeopardy does not attach at a pretrial motion to dismiss.
If a defendant is not required to register as a sex offender in another state, the Full Faith and Credit Clause of the United States Constitution does not prohibit North Dakota from requiring a defendant to register.