Opinions

Interest of R.W.B.C. 2017 ND 144
Docket No.: 20160300
Filing Date: 6/7/2017
Case Type: Appeal - Civil - Child Support
Author: Tufte, Jerod E.

Highlight: The clearly erroneous standard of review does not permit a reweighing of evidence or reassessment of credibility.

State v. Bailey 2017 ND 143
Docket No.: 20160351
Filing Date: 6/7/2017
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Crothers, Daniel John

Highlight: In determining "corroborating circumstances" under N.D.R.Ev. 804(b)(3), the district court may analyze both the credibility of the in-court witness and the reliability of the out-of-court declarant.
A district court's analysis of whether "corroborating circumstances" indicate the trustworthiness of the statement is a preliminary determination regarding the admissibility of the evidence.

State v. Wilkie 2017 ND 142
Docket No.: 20160401
Filing Date: 6/7/2017
Case Type: Appeal - Criminal - Misc. Felony
Author: Crothers, Daniel John

Highlight: Police officers outside of their jurisdiction generally act without official capacity and authority to arrest.
A University of North Dakota police officer has the authority to initiate a traffic stop of a driver operating a motor vehicle on university property.

State v. Phelps 2017 ND 141
Docket No.: 20160196
Filing Date: 6/7/2017
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Kapsner, Carol

Highlight: To justify stopping a moving vehicle for investigation, a law enforcement officer must have a reasonable and articulable suspicion a motorist has violated or is violating the law.
During an investigatory stop of a vehicle, a traffic violator can be temporarily detained until the legitimate investigative purposes of the traffic stop have been completed.

SNAPS Holding Company v. Leach, et al. 2017 ND 140
Docket No.: 20160313
Filing Date: 6/7/2017
Case Type: Appeal - Civil - Contracts
Author: Kapsner, Carol

Highlight: An indemnification agreement need not be in writing, and an agent's authority to enter into an indemnification agreement need not be in writing.
Res judicata prevents the relitigation of claims that were raised, or could have been raised, in prior actions between the same parties. Res judicata does not apply if the subsequent claims are based on different underlying facts.

State v. Turbeville 2017 ND 139
Docket No.: 20160333
Filing Date: 6/7/2017
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Kapsner, Carol

Highlight: At a preliminary hearing in a criminal case, the State is not required to prove with absolute certainty or beyond a reasonable doubt that a crime occurred, but need only produce sufficient evidence to establish probable cause that a crime occurred and that the defendant committed it.
Whether the district court's findings of fact reach the level of probable cause is a question of law, fully reviewable on appeal.
The preliminary hearing is a tool to ferret out groundless and improvident prosecutions.

Rath v. Rath (cross ref w/ 20130025, 20130184, 20130327, 20140012, 20140291, 2017 ND 138
Docket No.: 20160338
Filing Date: 6/7/2017
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: A party is not entitled to demand a change of judge if the judge sought to be disqualified has ruled upon a matter pertaining to the action.
A request to amend the child support guidelines should be made to the Legislature or Department of Human Services.

Matter of L.Z.N. 2017 ND 137
Docket No.: 20160373
Filing Date: 6/7/2017
Case Type: Appeal - Civil - Other
Author: VandeWalle, Gerald

Highlight: It was proper for the district court to look at the social stigma associated with sex offenders in determining the best interest of a child in a name change petition.
Due process only requires the district court to give a prisoner an avenue to appear for the proceeding; it has no duty to ensure the prisoner's presence.

Thompson v. Lithia ND Acquisition Corp. #1 2017 ND 136
Docket No.: 20160280
Filing Date: 6/7/2017
Case Type: Appeal - Civil - Other
Author: VandeWalle, Gerald

Highlight: The Federal Arbitration Act does not preempt all state arbitration law. A party alleging an arbitration agreement is unconscionable must demonstrate some quantum of both procedural and substantive unconscionability.
A party's failure to clearly object to a defect in arbitration proceedings prior to or during arbitration may constitute a waiver of the objection.

City of Grand Forks v. Reilly 2017 ND 135
Docket No.: 20160323
Filing Date: 6/7/2017
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Crothers, Daniel John

Highlight: Not all communications between law enforcement and citizens implicate the Fourth Amendment.
A seizure occurs when an officer, by means of physical force or show of authority, has in some way restrained the liberty of a citizen.
An officer running to get ahead of a person, without any threatening or coercive conduct, does not constitute a show of authority escalating a casual encounter into a seizure.
The presence of two officers, in and of itself, does not constitute a show of authority escalating a casual encounter into a seizure.