Opinions

State v. Hojian 2017 ND 257
Docket No.: 20170142
Filing Date: 11/16/2017
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: Criminal judgment entered after a jury found the defendant guilty of violation of a domestic violence protection order and forgery is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Disciplinary Board v. Matson (Consolidated w/20170344) 2017 ND 256
Docket No.: 20170343
Filing Date: 11/13/2017
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer disbarred.

Estate of Feldmann 2017 ND 255
Docket No.: 20170034
Filing Date: 10/26/2017
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Crothers, Daniel John

Highlight: The appellate court does not reweigh evidence, reassess witness credibility, or substitute its judgment for the trial court's decision merely because it would have reached a different result.
Standing crops at the time of death pass with the real estate to which they are attached unless otherwise specified in a will.

Hallin, et al. v. Inland Oil & Gas Corporation 2017 ND 254
Docket No.: 20170145
Filing Date: 10/17/2017
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Jensen, Jon J.

Highlight: Oil and gas leases are interpreted in the same manner as contracts.
Extrinsic evidence is not admissible to alter, vary, explain, or change a clear and unambiguous contract.

Glaser v. N.D. Dept. of Transportation 2017 ND 253
Docket No.: 20170129
Filing Date: 10/17/2017
Case Type: Appeal - Administrative - Department of Transportation
Author: McEvers, Lisa K. Fair

Highlight: A police officer's testimony regarding the time of driving on his report and notice form may call the time of driving into question but does not rebut the prima facie evidence in the report when the hearing officer relies on additional admissible evidence establishing a time frame for driving.
It is the petitioner's burden to rebut prima facie evidence introduced by the Department of Transportation.

State, et al. v. Haskell, et al. 2017 ND 252
Docket No.: 20170293
Filing Date: 10/17/2017
Case Type: Original Proceeding - Civil - Writ of Supervision
Author: Crothers, Daniel John

Highlight: The Supreme Court exercises its discretionary authority to issue supervisory writs on a case-by-case basis, rarely and cautiously, and only to rectify errors and prevent injustice in extraordinary cases in which there is no adequate alternative remedy.
Plaintiffs must allege sufficient facts to raise a genuine issue of material fact that an employer engaged in an intentional act with the conscious purpose of inflicting injury to overcome an employer's immunity from civil liability under § 65-01-01.

State v. Lark 2017 ND 251
Docket No.: 20170143
Filing Date: 10/17/2017
Case Type: Appeal - Criminal - Drugs/Contraband
Author: VandeWalle, Gerald

Highlight: Whether probable cause exists is a question of law, fully reviewable on appeal. The test for probable cause is not based on the subjective view of a law enforcement officer, but rather is an objective standard based on the totality of the circumstances.

Giwa v. State 2017 ND 250
Docket No.: 20170168
Filing Date: 10/17/2017
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Jensen, Jon J.

Highlight: A district court may appropriately decline to apply a new rule of criminal procedure retroactively when applying the rule would not prevent manifest injustice and there is no indication the rule was meant to be applied retroactively.
The voluntary and knowing nature of a guilty plea is not affected by the district court's failure to notify a defendant of a collateral consequence of the plea.

State v. Crissler 2017 ND 249
Docket No.: 20170126
Filing Date: 10/17/2017
Case Type: Appeal - Criminal - Misc. Felony
Author: Jensen, Jon J.

Highlight: Under N.D.R.Ev. 701, lay witness testimony is properly admitted when it is based on the witness's perception and is helpful to understanding a fact in issue.

Interest of P.T.D. (CONFIDENTIAL)(cons. w/ 20170069 - 20170072) 2017 ND 248
Docket No.: 20170068
Filing Date: 10/17/2017
Case Type: Appeal - Civil - Juvenile Law
Author: Jensen, Jon J.

Highlight: When the juvenile court makes insufficient findings of fact, this Court may remand with instructions requiring the juvenile court to make additional findings of fact.