Opinions

State v. Carson (consolidated w/20160384) 2017 ND 196
Docket No.: 20160383
Filing Date: 7/31/2017
Case Type: Appeal - Criminal - Theft
Author: Tufte, Jerod E.

Highlight: Under N.D.C.C. § 12.1-32-08(1)(a), "directly related" and "direct result" require an immediate and intimate causal connection between the criminal conduct for which the defendant was convicted and the damages or expenses for which restitution is ordered.

State v. Azure 2017 ND 195
Docket No.: 20160402
Filing Date: 7/31/2017
Case Type: Appeal - Criminal - Assault
Author: VandeWalle, Gerald

Highlight: Under North Dakota Rules of Evidence 804, it does not matter that the defendant may have had significantly less incentive to cross-examine the witness at the preliminary examination hearing than at the trial, the testimony is permissible at trial if it meets the requirements under the rule.
If a prior consistent statement is to be admitted under Rule 801(d)(1)(B), the declarant must testify and be subject to cross-examination at the trial or hearing at which it is being offered.

Linstrom, et al. v. Normile 2017 ND 194
Docket No.: 20160394
Filing Date: 7/31/2017
Case Type: Appeal - Civil - Contracts
Author: Kapsner, Carol

Highlight: A district court has broad discretion on evidentiary matters and its decision to admit or exclude evidence will not be overturned unless it abused its discretion.
Issues not raised before the district court will not be considered for the first time on appeal.

Williams County v. Sorenson, et al. 2017 ND 193
Docket No.: 20160451
Filing Date: 7/31/2017
Case Type: Appeal - Civil - Other
Author: Kapsner, Carol

Highlight: Administrative res judicata is applied more cautiously than judicial res judicata, taking into consideration the subject matter decided by the administrative agency, the purpose of the administrative action, and the reasons for the later proceeding.
On appeal, the party opposing a motion for summary judgment will be given all favorable inferences that may be reasonably drawn from the evidence.

Chase v. State 2017 ND 192
Docket No.: 20160456
Filing Date: 7/31/2017
Case Type: Appeal - Civil - Post-Conviction Relief
Author: VandeWalle, Gerald

Highlight: Summary dismissal is normally inappropriate for post-conviction relief claims arguing ineffective assistance of counsel because such claims typically require development of a record in an evidentiary hearing.

Maragos, et al. v. Newfield Production Company 2017 ND 191
Docket No.: 20160441
Filing Date: 7/31/2017
Case Type: Appeal - Civil - Other
Author: VandeWalle, Gerald

Highlight: A party with a royalty interest in a property, who has not signed a division order with an oil company, may recover underpayments from the oil company.

State v. Blotske 2017 ND 190
Docket No.: 20160339
Filing Date: 7/31/2017
Case Type: Appeal - Criminal - Sexual Offense
Author: Kapsner, Carol

Highlight: A district court's decision on a motion for mistrial will not be reversed on appeal absent a showing the court abused its discretion or that a manifest injustice would occur.
The cumulative effect of multiple errors may be productive of a manifest injustice which requires the district court to declare a mistrial.
For a lesser-included-offense instruction, there must be evidence on which a jury could rationally find beyond a reasonable doubt that the defendant is not guilty of the greater offense and to find beyond a reasonable doubt that the defendant is guilty of the lesser offense.

Booen v. Appel 2017 ND 189
Docket No.: 20170012
Filing Date: 7/31/2017
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: A district court must analyze all four Stout-Hawkinson factors in determining whether a custodial parent may move out-of-state with a child.
A district court's contempt decision will not be overturned on appeal unless the court abused its discretion.

State v. Davison (consolidated w/ 20160390 & 20160454) 2017 ND 188
Docket No.: 20160372
Filing Date: 7/31/2017
Case Type: Appeal - Criminal - Sexual Offense
Author: Kapsner, Carol

Highlight: Statutory interpretation is a question of law, which is fully reviewable on appeal.
Words in a statute are given their plain, ordinary, and commonly understood meaning, unless they are defined by statute or unless a contrary intention plainly appears.
An adult is guilty of patronizing a minor for commercial sexual activity when (1) with the intent to engage in commercial sexual activity with a minor; (2) the individual gives, agrees to give, or offers to give anything of value to a minor or another person; and (3) for the purpose of obtaining commercial sexual activity with a minor.

Adoption of J.L.F. (CONFIDENTIAL) 2017 ND 187
Docket No.: 20160399
Filing Date: 7/31/2017
Case Type: Appeal - Civil - Adoption
Author: Tufte, Jerod E.

Highlight: An individual seeking to adopt a child must ordinarily obtain the written consent of the child's parents, though if written consent is not provided, it must be proven the parent either (1) for one year failed significantly without justifiable cause to communicate with the child or provide for the care and support of the child or (2) abandoned the child.