Opinions

American Express Centurion Bank v. Corum (consolidated w/20170134) 2017 ND 261
Docket No.: 20170133
Filing Date: 11/16/2017
Case Type: Appeal - Civil - Debtor/Creditor
Author: McEvers, Lisa K. Fair

Highlight: A party who is not represented by a licensed attorney cannot be represented by another person, including their spouse, in any court of record in this state, absent authorization provided by state law or supreme court rule.
The right of free speech does not encompass in-court advocacy by a non-lawyer on behalf of another person, including a spouse.

State v. Sheperd 2017 ND 260
Docket No.: 20170186
Filing Date: 11/16/2017
Case Type: Appeal - Criminal - Sexual Offense
Author: McEvers, Lisa K. Fair

Highlight: Section 12.1-41-06(1)(a), N.D.C.C., does not require the presence of a minor to obtain a conviction.
Under the plain language of N.D.C.C. § 12.1-41-06(1)(a), an individual may be convicted of an offense if the agreement is made with someone other than a minor.

Candee, et al. v. Candee 2017 ND 259
Docket No.: 20170028
Filing Date: 11/16/2017
Case Type: Appeal - Civil - Foreclosure
Author: Tufte, Jerod E.

Highlight: Parties to an agreement may stipulate as to choice of law.
Applying California law, a creditor is barred from obtaining a deficiency judgment following foreclosure unless the creditor brings an action for a deficiency judgment within three months of the foreclosure sale.

State v. Toure (consolidated w/20170039 & 20170040) 2017 ND 258
Docket No.: 20170038
Filing Date: 11/16/2017
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: Analysis of a speedy trial claim requires balancing the length of delay, reason for the delay, proper assertion of the right, and actual prejudice to the accused.
A district court's judgments entered after a jury found the defendant guilty of reckless endangerment, kidnapping, aggravated assault, and two counts of terrorizing are summarily affirmed under N.D.R.App.P. 35.1(a)(2), (3), and (7).

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.