Opinions

State v. De La Cruz 2017 ND 276
Docket No.: 20170207
Filing Date: 12/7/2017
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Conviction of patronizing a minor for commercial sexual activity is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

State v. Vann 2017 ND 275
Docket No.: 20170171
Filing Date: 12/7/2017
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: Criminal convictions for terrorizing are summarily affirmed under N.D.R.App.P. 35.1(a)(3).

State v. Anderson 2017 ND 274
Docket No.: 20170197
Filing Date: 12/7/2017
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Criminal judgment entered after the defendant pled guilty to gross sexual imposition, aggravated assault - domestic violence, and felonious restraint is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

State v. Palacio (consolidated w/20170181) 2017 ND 273
Docket No.: 20170180
Filing Date: 12/7/2017
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: An appellant who fails to provide a trial transcript on appeal makes it impossible for the Court to conduct a meaningful and intelligent review of a claim of insufficiency of the evidence.

Matter of Reciprocal Discipline of Huisman 2017 ND 272
Docket No.: 20170369
Filing Date: 12/4/2017
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer Suspension ordered.

Rogers v. State 2017 ND 271
Docket No.: 20170026
Filing Date: 11/27/2017
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Jensen, Jon J.

Highlight: Whether a defendant received ineffective assistance of counsel is a mixed question of fact and law fully reviewable on appeal.
A district court's decisions on a motion to amend findings, a motion for a new trial, and a motion to correct the record, are reviewed for an abuse of discretion.

Altru Specialty Services, Inc. v. N.D. Dep't of Human Services, et al. 2017 ND 270
Docket No.: 20170146
Filing Date: 11/20/2017
Case Type: Appeal - Civil - Administrative Proceeding
Author: VandeWalle, Gerald

Highlight: The district court does not acquire subject matter jurisdiction over an appeal from an administrative agency decision unless the appellant satisfies statutory requirements for perfecting an appeal.

Sundance Oil and Gas, LLC v. Hess Corporation 2017 ND 269
Docket No.: 20170148
Filing Date: 11/20/2017
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Jensen, Jon J.

Highlight: A district court may not use the findings in an unlocatable mineral owner trust action as res judicata in a subsequent quiet title action to resolve all factual disputes regarding whether a later purchaser was a good-faith purchaser for value.

State v. Montgomery 2017 ND 268
Docket No.: 20170170
Filing Date: 11/20/2017
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam

Highlight: Criminal judgment entered after a jury found the defendant guilty of violating a disorderly conduct restraining order is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Motter, et al. v. Traill Rural Water District 2017 ND 267
Docket No.: 20170122
Filing Date: 11/20/2017
Case Type: Appeal - Civil - Real Property
Author: Crothers, Daniel John

Highlight: Raising the decisive issue for a judgment in post-trial briefing can constitute "surprise which ordinary prudence could not have guarded against" sufficient to grant a new trial.
A district court's grant of a motion for a new trial is reviewed for abuse of discretion.
A party claiming mutual mistake in a contract must present clear and convincing evidence to obtain reformation.
A district court's finding that a party failed to prove mutual mistake by clear and convincing evidence will not be overturned unless clearly erroneous.