Opinions

Interest of M.M.C. (CONFIDENTIAL)(consolidated w/20170209-20170211 & 20170217-20 2017 ND 166
Docket No.: 20170208
Filing Date: 7/12/2017
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Crothers, Daniel John

Highlight: A district judge's order affirming a juvenile court referee's findings of fact and order terminating parental rights, and adopting the referee's order is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Watkins 2017 ND 165
Docket No.: 20160392
Filing Date: 7/12/2017
Case Type: Appeal - Criminal - Theft
Author: VandeWalle, Gerald

Highlight: When a district court error has been waived or invited in a criminal case, the obvious error analysis under N.D.R.Crim.P. 52(b) does not apply.

Interest of A.F.L. (CONFIDENTIAL) 2017 ND 164
Docket No.: 20170203
Filing Date: 7/12/2017
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: A district court's order terminating a father's parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Abell v. GADECO, LLC 2017 ND 163
Docket No.: 20160346
Filing Date: 7/6/2017
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: VandeWalle, Gerald

Highlight: Drilling operations commence when (1) work is done preparatory to drilling, (2) the driller has the capability to do the actual drilling, and (3) there is a good faith intent to complete the well. It is not necessary that the drill bit actually penetrate the ground.

Estate of Johnson (cross ref w/20140173 & 20160020) 2017 ND 162
Docket No.: 20160374
Filing Date: 7/6/2017
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Tufte, Jerod E.

Highlight: Under the law of the case doctrine, a party cannot on a second appeal relitigate issues which were resolved by the Supreme Court in the first appeal or which would have been resolved had they been properly presented in the first appeal.
Payment of personal representative and attorney's fees are reviewed under an abuse of discretion standard.

Disciplinary Board v. Foster (Consolidated w/20170151) 2017 ND 161
Docket No.: 20170150
Filing Date: 6/29/2017
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer Disbarred.

State v. Hutchinson (consolidated w/20170002) 2017 ND 160
Docket No.: 20170001
Filing Date: 6/29/2017
Case Type: Appeal - Criminal - Sexual Offense
Author: Kapsner, Carol

Highlight: An order denying the State's motion for correction of an illegal sentence under Rule 35(a), N.D.R.Crim.P., is appealable under N.D.C.C. § 29-28-01(4), as it affects a substantial right.
The term "illegal sentence" as used in Rule 35(a)(1), N.D.R.Crim.P., applies to a sentence that the judgment of conviction does not authorize.
A district court's decision on a motion to correct an illegal sentence is subject to review for abuse of discretion.

Spirit Property Management v. Vondell, et al. 2017 ND 158
Docket No.: 20160247
Filing Date: 6/29/2017
Case Type: Appeal - Civil - Landlord/Tenant
Author: Crothers, Daniel John

Highlight: Eviction actions are designed as summary proceedings.
In an eviction action, the defendant may show the character of the possessory rights claimed by the parties, but the right to the possession of the real estate is the only fact that can be rightfully litigated unless damages or rent is claimed.
A district court must have both subject matter and personal jurisdiction to enter a valid order or judgment.

State v. Bell 2017 ND 157
Docket No.: 20170046
Filing Date: 6/29/2017
Case Type: Appeal - Criminal - Drugs/Contraband
Author: VandeWalle, Gerald

Highlight: A defendant's Fourth Amendment rights were not violated because the defendant was not detained.
We refuse to assume a defendant felt he or she was not free to leave after law enforcement complete a traffic stop.

State v. Hedstrom 2017 ND 156
Docket No.: 20170006
Filing Date: 6/29/2017
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Tufte, Jerod E.

Highlight: Whether a private individual acted either as an agent of the government or with the participation or knowledge of any governmental official turns on whether the government official directly or indirectly supervised or encouraged the search.
The primary rationale for the restriction on nighttime search warrants is to prevent individuals in the home from being subjected to the trauma of a nighttime search.