Opinions

State v. Whetsel 2017 ND 237
Docket No.: 20170141
Filing Date: 10/17/2017
Case Type: Appeal - Criminal - Homicide
Author: Per Curiam

Highlight: A district court's decisions relating to expert witness testimony will be affirmed absent an abuse of discretion.

Wisham v. State 2017 ND 236
Docket No.: 20170176
Filing Date: 10/17/2017
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Summary dismissal of application for post-conviction relief alleging sentence time calculation error and violation of constitutional rights is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7).

Wisham v. State 2017 ND 235
Docket No.: 20170164
Filing Date: 10/17/2017
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Order denying a petitioner's application for post-conviction relief on the basis of ineffective assistance of counsel is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Vacancy in Judgeship No. 9, ECJD 2017 ND 233
Docket No.: 20170327
Filing Date: 10/10/2017
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: The judgeship vacancy created by the retirement of Norman G. Anderson in Fargo is retained.

Matter of John T. Gassmann Trust 2017 ND 232
Docket No.: 20170033
Filing Date: 10/3/2017
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Tufte, Jerod E.

Highlight: Res judicata bars the relitigation of claims that were raised, or could have been raised, in earlier actions between the same parties.
Under North Dakota law, if a trust has two or more beneficiaries, the trustee must act impartially in dealing with the trust property, giving due regard to the beneficiaries' respective interests. The trustee also has a duty to protect and preserve the trust assets and to defend actions which may result in loss to the trust.

Wilkinson, et al. v. Board of University and School Lands of the State of N.D. 2017 ND 231
Docket No.: 20160199
Filing Date: 9/28/2017
Case Type: Appeal - Civil - Other
Author: McEvers, Lisa K. Fair

Highlight: Chapter 61-33.1, N.D.C.C., governing minerals rights of land inundated by the Pick-Sloan Missouri Project dams, applies retroactively.
A property owner is entitled to compensation if the government "takes" or "damages" private property for public use.

Interest of F.S. (CONFIDENTIAL) (consolidated w/20170298 & 20170299) 2017 ND 230
Docket No.: 20170297
Filing Date: 9/20/2017
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: McEvers, Lisa K. Fair

Highlight: A district court does not abuse its discretion in reopening the record after trial has concluded when the evidence is directly relevant to the matter and a final order has not been issued.

Baker v. Autos, Inc., et al. (cross-reference w/20140033) 2017 ND 229
Docket No.: 20170174
Filing Date: 9/20/2017
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: Certification under N.D.R.Civ.P. 54(b) should not be routinely granted and is reserved for cases involving unusual circumstances where failure to allow an immediate appeal would create a demonstrated prejudice or hardship.

Interest of Jane Doe (CONFIDENTIAL) 2017 ND 228
Docket No.: 20170322
Filing Date: 9/20/2017
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

Highlight: A district court ordering Jane Doe's hospitalization and involuntary treatment with medication is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Osier (consolidated w/20170042)(cross-ref. w/19960346 & 19980088) 2017 ND 227
Docket No.: 20170041
Filing Date: 9/20/2017
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Order denying motion for relief from the judgment under N.D.R.Civ.P. 60(b) is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).