Opinions

Ward, et al. v. Herbel, et al. 2024 ND 119
Docket No.: 20230140
Filing Date: 6/6/2024
Case Type: Appeal - Civil - Real Property
Author: Jensen, Jon J.

Highlight: The plain language of N.D.C.C. § 32-17-01 requires the existence of an adverse claim. If a person is not claiming an interest in the property and there are no competing adverse claims to adjudicate, there is no basis or statutory standing to sue under chapter 32-17.

This Court adopts the majority rule permitting an attorney representing himself to recover an award of attorney's fees for time and effort spent defending against a frivolous lawsuit.

State v. Massey 2024 ND 118
Docket No.: 20230396
Filing Date: 6/6/2024
Case Type: Appeal - Criminal - Misc. Felony
Author: Jensen, Jon J.

Highlight: When a defendant is charged with gross sexual imposition under N.D.C.C. § 12.1-2003(1)(a) requiring the State prove a defendant touched various parts of the victim's body in a manner constituting a sexual act does not specify a culpability level, the jury is then required to find the actions were willful.

Even if the State makes a "golden rule" argument when the issue has not been preserved for appeal, the defendant still must demonstrate the comments had a prejudicial effect to require reversal under obvious error.

City of Grand Forks v. Riemers 2024 ND 117
Docket No.: 20230366
Filing Date: 6/6/2024
Case Type: Appeal - Criminal - Other
Author: Tufte, Jerod E.

Highlight: After a case is transferred to district court, if a criminal information is filed it is by itself sufficient to initiate prosecution, and the district court does not lack jurisdiction if the information is not served on the defendant.

A city may prosecute disorderly conduct under its own ordinance when the ordinance does not supersede a state statute.

A party may not challenge an error in the jury instruction on appeal when the party waived the issue before the district court.

It is not necessary to state in an information the details of the acts which constitute the crime charged when the essential elements of the crime are set forth sufficiently to enable a person of common understanding to know what is meant or intended. One test of the sufficiency of an information is whether it will protect the accused against a subsequent prosecution for the same offense.

A defendant in a criminal jury trial must move for a judgment of acquittal to preserve the issue of the sufficiency of the evidence for appeal. This Court may decline to review a forfeited error when the appellant fails to argue the obvious error standard.

Idso v. Idso 2024 ND 116
Docket No.: 20230387
Filing Date: 6/6/2024
Case Type: Appeal - Civil - Divorce - Property
Author: Per Curiam

Highlight: An order of contempt of court is summarily affirmed under N.D.R.App.P.35.1(a)(2) and(8).

State v. Anderson 2024 ND 115
Docket No.: 20230344
Filing Date: 6/6/2024
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Tufte, Jerod E.

Highlight: During a lawfully-initiated traffic stop, an officer can conduct activities related to traffic enforcement but not absolutely necessary to issuing a traffic ticket. When two officers are on scene and one is performing the mission of the traffic stop and the other is performing an investigation not related to the traffic stop, an unlawful seizure has not occurred, because the second officer's investigation is not delaying the stop.

This Court looks to the totality of the circumstances while applying an objective standard to determine whether reasonable suspicion exists to justify prolonging a traffic stop. Reasonable suspicion is not easily reduced to a methodical set of legal rules, but it does require more than a mere hunch.

State v. Jelinek 2024 ND 114
Docket No.: 20230367
Filing Date: 6/6/2024
Case Type: Appeal - Criminal - Misc. Felony
Author: Jensen, Jon J.

Highlight: A law enforcement officer's approach to a parked vehicle is not a seizure if the officer
inquires of the occupant conversationally, does not order the person to do something,
and does not demand a response.

A defendant's confession was sufficiently corroborated to permit corpus delicti to be
shown through confession.

When a charge that requires prior conviction is dismissed, submission of prior
convictions to a jury constitutes reversible error unless otherwise relevant to some
disputed issue and allowed under Rule 404(b), N.D.R.Ev.

Roth, et al. v. Meyer, et al. 2024 ND 113
Docket No.: 20230310
Filing Date: 7/3/2024
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: A claim of adverse possession must meet every element. For the continuous element, a party must hold the property for 20 years.

Summaries under N.D.R.Ev. 1006 require that supporting documents be admissible but need not be admitted. A summary usually is inadmissible if the supporting documents are inadmissible.

The court must find when conversion began to determine what property, if any, has been converted.

When calculating conversion damages, the court must follow N.D.C.C. § 32-0323. The damages must be based on the wronged party's damages and on market values if a market for the converted property exists.

The material terms of loans in aggregate greater than $25,000 must be in writing.

Roth, et al. v. Meyer, et al. 2024 ND 113
Docket No.: 20230310
Filing Date: 6/6/2024
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: A claim of adverse possession must meet every element. For the continuous element, a party must hold the property for 20 years.

Summaries under N.D.R.Ev. 1006 require that supporting documents be admissible but need not be admitted. A summary usually is inadmissible if the supporting documents are inadmissible.

The court must find when conversion began to determine what property, if any, has been converted.

When calculating conversion damages, the court must follow N.D.C.C. § 32-0323. The damages must be based on the wronged party's damages and on market values if a market for the converted property exists.

The material terms of loans in aggregate greater than $25,000 must be in writing.

Kath v. Prochnow, et al. 2024 ND 112
Docket No.: 20230406
Filing Date: 6/6/2024
Case Type: Appeal - Civil - Personal Injury
Author: Crothers, Daniel John

Highlight: Where the proper remedy is an appeal, the North Dakota Supreme Court generally
will not exercise its supervisory authority.

A petition to intervene initiates a special proceeding where the relief sought is
permission to intervene in an action. District courts have the power to hear and determine
all civil actions and proceedings. Post-judgment intervention may be allowed when an
attempted intervener moves promptly after learning of the entry of judgment within the
time for appeal.

Issues not decided by the district court are generally not ripe for resolution on
appeal. The purpose of an appeal is to review the actions of the district court. Resolution
of issues by the district court before appellate review contributes valuable input to the
process and develops the record for effective review of the decision

Mohammed v. State 2024 ND 111
Docket No.: 20230399
Filing Date: 5/30/2024
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. 3501(a)(2).

Ineffective assistance of counsel claims asserting a language barrier are findings of fact that will not be disturbed unless clearly erroneous.