Opinions

Continental Resources, Inc. v. P&P Industries, LLC I, et al. 2018 ND 11
Docket No.: 20160452
Filing Date: 1/22/2018
Case Type: Appeal - Civil - Contracts
Author: McEvers, Lisa K. Fair

Highlight: A jury's special verdict will be reversed on appeal if there is an inconsistency in the verdict such that it will not support the judgment and no reconciliation is possible.

Continental Resources, Inc. v. Counce Energy BC #1, LLC 2018 ND 10
Docket No.: 20170066
Filing Date: 1/22/2018
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Highlight: Dismissal for lack of subject matter jurisdiction is generally appropriate if the plaintiff fails to exhaust administrative remedies because failure to exhaust those remedies precludes making a claim in court.
The Industrial Commission has extremely broad and comprehensive powers, which are continuous and exclusive, to regulate oil and gas development in this state.
A judgment entered by a court without subject matter jurisdiction is void and can be vacated.

Guthmiller v. N.D. Dep't of Transportation 2018 ND 9
Docket No.: 20170300
Filing Date: 1/22/2018
Case Type: Appeal - Administrative - Department of Transportation
Author: Jensen, Jon J.

Highlight: The unambiguous language of N.D.C.C. § 39-06.2-10(15) requires the conviction, not the commission, of two serious traffic violations while operating a noncommercial motor vehicle within three years to disqualify commercial driving privileges.

Interest of Leno 2018 ND 8
Docket No.: 20170289
Filing Date: 1/22/2018
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

Highlight: A district court order continuing civil commitment as a sexually dangerous individual is summarily affirmed under N.D.R.Civ.P. 35.1(a)(2).

State v. Evans 2018 ND 7
Docket No.: 20170274
Filing Date: 1/22/2018
Case Type: Appeal - Criminal - Assault
Author: Per Curiam

Highlight: A district court's order denying a calculation of credit for time served is summarily affirmed under N.D.R.App.P. 35.1(a)(7).
A defendant is only entitled to credit for time served from incarceration as a direct result of the immediate charge and not for time served as a result of probation revocation

Interest of Z.B. (Confidential) 2018 ND 6
Docket No.: 20170395
Filing Date: 1/22/2018
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: An appeal from a juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Jose v. Jose 2018 ND 5
Docket No.: 20170193
Filing Date: 1/22/2018
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: A district court amended judgment awarding primary residential responsibility to the father is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Tucker 2018 ND 4
Docket No.: 20170278
Filing Date: 1/22/2018
Case Type: Appeal - Criminal - Theft
Author: Per Curiam

Highlight: Criminal judgment for robbery is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

City of Bismarck v. Wells 2018 ND 3
Docket No.: 20170173
Filing Date: 1/22/2018
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: A criminal judgment for actual physical control of a motor vehicle while under the influence of an intoxicating liquor entered following denial of a motion to suppress evidence is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Saucedo v. State 2018 ND 2
Docket No.: 20170224
Filing Date: 1/22/2018
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Order denying defendant's application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).