Opinions

State v. Schmidt (consolidated w/20150278) (cross-reference w/20140272) 2016 ND 187
Docket No.: 20150277
Filing Date: 9/15/2016
Case Type: Appeal - Criminal - Drugs/Contraband
Author: McEvers, Lisa K. Fair

Highlight: Police officers have limited authority to freeze the scene of a recently committed crime to investigate individuals who reasonably may be involved in the criminal activity without violating the Fourth Amendment.
A signed consent to search form is not determinative of whether an individual's consent is voluntary, but merely one factor for a district court to consider under the totality of the circumstances.

State v. Washburn 2016 ND 186
Docket No.: 20140154
Filing Date: 9/15/2016
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: An order dismissing a criminal prosecution for refusing to submit to a chemical test for intoxication is summarily reversed under N.D.R.App.P. 35.1(b).

State v. Beylund 2016 ND 185
Docket No.: 20140105
Filing Date: 9/15/2016
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: Conviction for driving under the influence of alcohol is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).

State v. Harns 2016 ND 184
Docket No.: 20140236
Filing Date: 9/15/2016
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: Driving under the influence conviction is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

State v. Kordonowy 2016 ND 183
Docket No.: 20140327
Filing Date: 9/15/2016
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: The implied consent statute criminalizing refusal to consent to chemical testing is not unconstitutional under the Fourth Amendment or N.D. Constitution article I, section 8, and it is not unconstitutionally vague.
The statutory right to refuse to submit to chemical testing is not a defense to the charge of refusal to submit to a chemical test.
The district court does not have a duty to draft a jury instruction requested by the defendant.

State v. Birchfield 2016 ND 182
Docket No.: 20140109
Filing Date: 9/15/2016
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: The implied consent statute criminalizing refusal to consent to a chemical test is not unconstitutional under the Fourth Amendment or North Dakota Constitution. art. I, sec. 8.

State v. Baxter 2016 ND 181
Docket No.: 20140325
Filing Date: 9/15/2016
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

State v. Grajczyk 2016 ND 180
Docket No.: 20160034
Filing Date: 9/15/2016
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Criminal judgment entered after a jury found a defendant guilty of possession of methamphetamine with intent to deliver, possession of marijuana with intent to deliver and possession of drug paraphernalia is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).

Matter of Mangelsen (cross-ref. w/20130155) 2016 ND 179
Docket No.: 20160052
Filing Date: 9/15/2016
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

Highlight: A district court order denying discharge from civil commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Davies v. State 2016 ND 178
Docket No.: 20160120
Filing Date: 9/15/2016
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court order denying petition to set aside a conviction and set for trial is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (6).