Opinions

State v. Doornek (Consolidated w/20170027) 2017 ND 226
Docket No.: 20170020
Filing Date: 9/20/2017
Case Type: Appeal - Criminal - Assault
Author: Per Curiam

Highlight: Criminal judgment entered after a jury found defendant guilty of one count of theft of property and two counts of assaulting a peace officer is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7).

State v. Wagner 2017 ND 225
Docket No.: 20170093
Filing Date: 9/20/2017
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: A district court's order denying Wagner's motion to correct an illegal sentence is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).

State v. Duchaine 2017 ND 224
Docket No.: 20170037
Filing Date: 9/20/2017
Case Type: Appeal - Criminal - Theft
Author: Per Curiam

Highlight: A district court's judgment entered after a jury found Duchaine guilty of burglary is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4).

Phillips v. State (cross-reference w/20130151) 2017 ND 223
Docket No.: 20170131
Filing Date: 9/20/2017
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Summary dismissal of application for post-conviction relief alleging newly discovered evidence is summarily affirmed under N.D.R.App.P. 35.1(a)(6).

Matter of Reciprocal Discipline of Matson 2017 ND 222
Docket No.: 20170305
Filing Date: 9/18/2017
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer Disbared.

Disciplinary Board v. Nemec 2017 ND 221
Docket No.: 20170257
Filing Date: 9/18/2017
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer Disbared.

Vacancy in Judgeship No. 3, NECJD 2017 ND 220
Docket No.: 20170270
Filing Date: 9/18/2017
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judicial Vacancy Filled.

Markgraf, et al. v. Welker, et al. (cross-reference w/ 20150116) 2017 ND 219
Docket No.: 20160449
Filing Date: 9/7/2017
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: VandeWalle, Gerald

Highlight: A resulting trust exists where the parties' acts or expressions indicate an intent that a trust relation resulted from their transaction conveying property.
The statute of limitations generally does not run between the trustee and the trust beneficiaries until the trustee clearly repudiates the trust.
To constitute a repudiation, the trustee must say or do something in open contravention of the terms of the trust and of such character that the parties' relations will become and continue to be hostile.

Kulczyk, et al. v. Tioga Ready Mix Co., et al. 2017 ND 218
Docket No.: 20160330
Filing Date: 9/1/2017
Case Type: Appeal - Civil - Foreclosure
Author: VandeWalle, Gerald

Highlight: Res judicata prevents the relitigation of claims that were raised, or could have been raised, in prior actions between the same parties.
An action against a guarantor is based on the contract of guaranty which is an obligation distinct from the obligation imposed by a promissory note and mortgage.

Zundel, et al. v. Zundel 2017 ND 217
Docket No.: 20170003
Filing Date: 9/1/2017
Case Type: Appeal - Civil - Real Property
Author: McEvers, Lisa K. Fair

Highlight: In general, property not used for the production of agricultural crops, livestock, or livestock products is not agricultural land.
If a claim is found to be frivolous, reasonable attorney's fees must be awarded.
If the law is unclear or unsettled on a particular claim, that circumstance makes it less likely that the claim will be found frivolous.