Opinions

Keller v. Keller 2017 ND 119
Docket No.: 20160334
Filing Date: 5/16/2017
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: If a person claims to have been engaged in constitutionally protected activity, the district court must determine the claim as a matter of law and exclude evidence of the constitutionally protected activity if found valid.
Possessing a firearm for self-defense purposes on one's private property is a constitutional right.

Kauk, et al. v. Kauk, et al. 2017 ND 118
Docket No.: 20160198
Filing Date: 5/16/2017
Case Type: Appeal - Civil - Contracts
Author: Kapsner, Carol

Highlight: A district court's grant of declaratory relief is reviewed for abuse of discretion.
In an action for declaratory relief, a district court must ensure the proper parties are before the court to prevent the declaratory relief ordered from prejudicing the rights of persons not parties to the proceedings.
A district court may refuse to enter a declaratory judgment if such judgment would not terminate the controversy giving rise to the proceeding.

Barrios-Flores v. Levi 2017 ND 117
Docket No.: 20160103
Filing Date: 5/16/2017
Case Type: Appeal - Administrative - Department of Transportation
Author: Kapsner, Carol

Highlight: A law enforcement officer may request a driver to submit to an onsite screening test of the driver's breath if the officer has a reasonable suspicion the individual was driving under the influence.
The Department of Transportation may revoke a driver's license for refusal of an onsite screening test of the driver's breath.

State v. Cox 2017 ND 116
Docket No.: 20160380
Filing Date: 5/16/2017
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Criminal judgment entered after a defendant pled guilty to delivery of methamphetamine is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Jessop v. Levi 2017 ND 115
Docket No.: 20160387
Filing Date: 5/16/2017
Case Type: Appeal - Administrative - Department of Transportation
Author: Per Curiam

Highlight: Revocation of driving privileges is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Buresh v. State 2017 ND 114
Docket No.: 20160378
Filing Date: 5/16/2017
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(1).

Disciplinary Board v. Foster (Consolidated w/ 20160404-20160434) 2017 ND 113
Docket No.: 20160403
Filing Date: 5/1/2017
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer disbarred.

Ceynar, et al. v. Tesoro Logistics LP, et al. 2017 ND 112
Docket No.: 20160243
Filing Date: 4/28/2017
Case Type: Appeal - Civil - Real Property
Author: Crothers, Daniel John

Highlight: The use of an easement must be consistent with the purpose of the original dedication.

Everett v. State (cross ref. w/20070074, 20080063, 20090244, 20100222, (cont) 2017 ND 111
Docket No.: 20160282
Filing Date: 4/25/2017
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Crothers, Daniel John

Highlight: A state court judgment can vest title to real property in any party, and such judgment has the effect of a conveyance.
Property interest owned by tenants in common is presumed to be equal, though parties may rebut this presumption with competent evidence.

Black Stone Minerals Co., et al. v. Brokaw, et al. 2017 ND 110
Docket No.: 20160286
Filing Date: 4/25/2017
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Highlight: A state court judgment can vest title to real property in any party, and such judgment has the effect of a conveyance.
Property interest owned by tenants in common is presumed to be equal, though parties may rebut this presumption with competent evidence.