Opinions

State v. Coleman 2021 ND 102
Docket No.: 20210040
Filing Date: 6/3/2021
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: An order deferring imposition of sentence entered after a jury verdict is affirmed under N.D.R.App.P. 35.1(a)(3).

State v. Howard (consolidated w/ 20200301) 2021 ND 101
Docket No.: 20200300
Filing Date: 6/3/2021
Case Type: Appeal - Criminal - Misc. Felony
Author: VandeWalle, Gerald

Highlight: An order dismissing a complaint, information, indictment, or any count thereof, with or without prejudice, is appealable under N.D.C.C. § 29-28-07(1).

Timing may be used as evidence of a link between a defendant and an act.

Boutrous v. Transform Operating Stores, et al. 2021 ND 100
Docket No.: 20210115
Filing Date: 6/3/2021
Case Type: Appeal - Civil - Landlord/Tenant
Author: McEvers, Lisa K. Fair

PLS Services v. Clear Creek Retirement Plan, et al. 2021 ND 99
Docket No.: 20200270
Filing Date: 6/3/2021
Case Type: Appeal - Civil - Foreclosure
Author: McEvers, Lisa K. Fair

Highlight: A N.D.R.Civ.P. 54(b) certification of judgment may be appropriate if the certified judgment completely decides an entire claim.

Summary judgment is only appropriate if the nonmoving party has had a full opportunity to conduct discovery to
develop information essential to its position.

A good faith purchaser must acquire rights without actual or constructive notice of another’s rights.

McDougall, et al. v. AgCountry Farm Credit Services, et al. 2021 ND 98
Docket No.: 20200282
Filing Date: 6/3/2021
Case Type: Appeal - Civil - Contracts
Author: Crothers, Daniel John

Highlight: The principle of law of the case requires that the same legal question previously determined on appeal will not be decided differently on a second appeal in the same case where the facts remain the same.

A district court’s findings of fact on unjust enrichment will not be reversed unless clearly erroneous.

A third party’s participation in a transaction between others through which a benefit is obtained is a fact to be considered by the court in determining whether a causal connection existed between an enrichment and impoverishment.
Unjust enrichment is an alternative claim, and a legal claim which has yet to fail or succeed does not preclude a plaintiff from also asserting an unjust enrichment claim.

A district court does not abuse its discretion in awarding costs for depositions taken in a prior case where use of those depositions prevented duplicative depositions and costs.

WSI v. Felan, et al. 2021 ND 97
Docket No.: 20200354
Filing Date: 6/3/2021
Case Type: Appeal - Civil - Administrative Proceeding
Author: Crothers, Daniel John

Highlight: Section 65-01-02(11)(a)(3), N.D.C.C., requires claimants to prove a compensable heart-related injury by showing with reasonable medical certainty their employment caused the injury and unusual stress was at least 50% of the cause of the injury.

Objective medical evidence may not be established solely by deductive reasoning.

Mistic v. Mistic 2021 ND 96
Docket No.: 20200313
Filing Date: 6/3/2021
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: An amended divorce judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Tesoro Great Plains Gathering & Marketing v. Mountain Peak Builders 2021 ND 95
Docket No.: 20200260
Filing Date: 6/3/2021
Case Type: Appeal - Civil - Contracts
Author: Crothers, Daniel John

Highlight: If the obligation a lien secures is satisfied, the lien is extinguished and no longer valid.

An award of attorney fees and costs under N.D.C.C. § 35-24-19 requires a favorable judgment in an action brought to enforce a lien pursuant to N.D.C.C. ch. 35-24.

A claim for enforcement of a statutory lien and an underlying breach of contract claim are separate and distinct.

Dixon v. Dixon 2021 ND 94
Docket No.: 20210070
Filing Date: 6/3/2021
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Crothers, Daniel John

Highlight: Appeal dismissed in supervised administration of a trust due to lack of a final order or judgment, or a N.D.R.Civ.P. P. 54(b) certification.

State v. Mitchell 2021 ND 93
Docket No.: 20200306
Filing Date: 6/3/2021
Case Type: Appeal - Criminal - Sexual Offense
Author: Tufte, Jerod E.

Highlight: An order dismissing a criminal complaint, information, or indictment is the equivalent of an order quashing an information or indictment and is therefore appealable under the statute. The State may either appeal an adverse ruling on probable cause or issue a new complaint upon the offer of additional evidence or other good cause.

Because a preliminary hearing is not a trial, the finding of probable cause may be based on hearsay evidence and evidence that would be inadmissible at the trial. The State is not required to prove with absolute certainty or beyond a reasonable doubt that a crime occurred, but rather need only produce sufficient evidence to satisfy the court that a crime has been committed and that the accused is probably guilty.

Froistad v. State 2021 ND 92
Docket No.: 20200274
Filing Date: 5/20/2021
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Tufte, Jerod E.

Highlight: When a motion following conviction is denominated as a motion under the North Dakota Rules of Criminal Procedure, the provisions of the Uniform Postconviction Procedure Act, N.D.C.C. ch. 29-32.1, are applicable.

Under N.D.C.C. § 29-32.1-12, an application for postconviction relief may be denied on the ground that the same claim or claims were fully and finally determined in a previous proceeding, or when the applicant presents a claim for relief which the applicant inexcusably failed to raise either in a proceeding leading to judgment of conviction and sentence or in a previous postconviction proceeding.

Lyons v. State 2021 ND 91
Docket No.: 20200333
Filing Date: 5/20/2021
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)(2) and (7).

Interest of J.B. (CONFIDENTIAL) 2021 ND 90
Docket No.: 20200238
Filing Date: 5/20/2021
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Tufte, Jerod E.

Highlight: The condition that the court may order community placement only when the executive director files a petition requesting it satisfies procedural due process and does not violate the separation of powers doctrine.

State v. Louser, et al. 2021 ND 89
Docket No.: 20200322
Filing Date: 5/20/2021
Case Type: Original Proceeding - Criminal - Writ of Supervision
Author: VandeWalle, Gerald

Highlight: A district court’s role to approve or reject amendments to criminal charges does not violate the separation of powers doctrine.

A district court did not abuse its discretion when it denied a motion to amend a criminal charge and rejected a plea agreement. The court followed the legislative directive, explained why the State negotiated the agreement, and explained the court’s reasons for rejecting it.

Kruger, et al. v. Goossen 2021 ND 88
Docket No.: 20200287
Filing Date: 5/20/2021
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.

Highlight: A district court’s findings of fact after a bench trial are presumptively correct and will not be reversed on appeal unless they are clearly erroneous.

State v. Riggin 2021 ND 87
Docket No.: 20200293
Filing Date: 5/20/2021
Case Type: Appeal - Criminal - Infraction
Author: Jensen, Jon J.

Highlight: Upon the declaration of a state of emergency, the North Dakota Disaster Act of 1985 vests with the governor emergency management powers.

The Legislature may delegate powers which are not exclusively legislative and which the Legislature cannot conveniently do because of the detailed nature.

Where a party fails to provide supporting argument for an issue listed in the appellate brief, the party is deemed to have waived that issue.

Blasi, et al. v. Bruin E&P Partners, et al. (consol. w/ 20200328-331) 2021 ND 86
Docket No.: 20200327
Filing Date: 5/20/2021
Case Type: Certified Question - Civil - Civil
Author: Jensen, Jon J.

Highlight: The following royalty provision in an oil and gas lease unambiguously establishes a royalty valuation point at the well:

Lessee covenants and agrees:

To deliver to the credit of the lessor, free of cost, in the pipeline to which lessee may connect wells on said land, the equal [fractional] part of all oil produced and saved from the leased premises.

Pemberton v. State (consolidated w/20200182) 2021 ND 85
Docket No.: 20200181
Filing Date: 5/20/2021
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Tufte, Jerod E.

Highlight: To be convicted of attempted murder, the accused must have an intent to kill. Attempted “knowing” murder under N.D.C.C. §§ 12.1-06-01 and 12.1-16-01(1)(a) is a non-cognizable offense.

A federal constitutional error is harmless if we are convinced the error did not contribute to the verdict.

Our determination of whether an error is harmless looks at the effect of the error on this jury, rather than speculating whether a hypothetical jury would convict the defendant absent the error. An erroneous jury instruction informing the jury that it could convict a defendant of a non-cognizable offense would not be cured by an appellate court’s determination that the record evidence unmistakably established guilt of a cognizable offense.

Zander, et al. v. Morsette 2021 ND 84
Docket No.: 20200211
Filing Date: 5/13/2021
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.

Highlight: In a wrongful death action, a plaintiff is entitled to damages for injuries resulting from the death. Damages resulting from negligence preceding the death is not compensable under N.D.C.C. §§ 32-21-02 or 32-03.2-04.

At trial, relevant evidence is admissible, and irrelevant evidence is not admissible. Because the defendant admitted liability for the plaintiff’s damages, evidence of the defendant’s intoxication is not relevant in determining compensatory damages.

If a party fails to object to a jury instruction, this Court’s review is limited to whether a plain error exists in the instructions affecting substantial rights.

Punitive damages may be awarded against a defendant whose conduct is oppressive, fraudulent, or malicious. To support a punitive damages claim, the plaintiff must present sufficient evidence to support a finding that a preponderance of the evidence demonstrates conduct with a state of mind evincing an intent to harm or injure another person.

Atkins v. State 2021 ND 83
Docket No.: 20200266
Filing Date: 5/6/2021
Case Type: Appeal - Civil - Post-Conviction Relief
Author: McEvers, Lisa K. Fair

Highlight: A district court may summarily dismiss a successive application for post-conviction relief under N.D.C.C. § 23-32.1-09(1) on its own motion before the State answers when the issues raised in the application have been previously decided by this Court.

An applicant for post-conviction relief is entitled to notice that the application may be summarily dismissed. A court’s failure to provide notice prior to summary dismissal constitutes harmless error if a party fails to establish prejudice.

A district court’s error in dismissing an application for post-conviction relief based on an affirmative defense not pleaded by the State does not prejudice the applicant when the court had alternative statutory authority to summarily dismiss the application.

Lizakowski v. Lizakowski 2021 ND 82
Docket No.: 20200269
Filing Date: 5/6/2021
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: An amended divorce judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2), (4), and (7), and double costs and attorney’s fees are awarded under N.D.R.App.P. 38.

City of West Fargo v. Medbery 2021 ND 81
Docket No.: 20200222
Filing Date: 5/6/2021
Case Type: Appeal - Criminal - Other
Author: McEvers, Lisa K. Fair

Highlight: This Court does not weigh conflicting evidence or judge credibility of witnesses on appeal. We will affirm a district court’s decision on a motion to suppress if there is competent evidence capable of supporting the court’s findings, and the decision is not contrary to the manifest weight of the evidence.

When a law enforcement officer approaches a parked vehicle to inquire in a conversational manner whether an occupant is okay or needs assistance, the officer is engaged in community caretaking. A community caretaking encounter can lead to a lawful seizure under the Fourth Amendment, provided the officer undertakes the caretaking encounter to aid a person in apparent need of assistance, and during the encounter the officer develops a reasonable and articulable suspicion of criminal activity.

State v. Lafromboise 2021 ND 80
Docket No.: 20200294
Filing Date: 5/6/2021
Case Type: Appeal - Criminal - Misc. Felony
Author: Crothers, Daniel John

Highlight: A district court’s decision to grant an extension or a continuance for good cause will not be reversed on appeal unless the court abused its discretion.

Interest of K.V. (CONFIDENTIAL) 2021 ND 79
Docket No.: 20200257
Filing Date: 5/6/2021
Case Type: Appeal - Criminal - Juvenile Law
Author: McEvers, Lisa K. Fair

Highlight: Concerns about officer safety may justify a pat down search for weapons, but a subsequent pocket search must be justified as independently reasonable because they are distinct efforts. A pat down may justify a pocket search when an officer’s tactile perceptions lead to the conclusion the subject possesses a weapon or it is clear from the plain feel the object felt during the pat down is contraband.

The odor of marijuana alone is not sufficient to establish probable cause to search a passenger in a vehicle, but it is a factor that may contribute to a finding of probable cause to conduct a warrantless search under the totality of the circumstances.

Shaw v. State 2021 ND 78
Docket No.: 20200190
Filing Date: 4/28/2021
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)(2) and (7).

Interest of P.F. (CONFIDENTIAL) (consolidated w/20200284) 2021 ND 77
Docket No.: 20200283
Filing Date: 4/28/2021
Case Type: Appeal - Civil - Juvenile Law
Author: Per Curiam

Highlight: A juvenile court order finding children to be deprived is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Interest of J.O. (CONFIDENTIAL) 2021 ND 76
Docket No.: 20200194
Filing Date: 4/20/2021
Case Type: Appeal - Civil - Juvenile Law
Author: VandeWalle, Gerald

Highlight: The termination of a guardianship in one case does not create a factual presumption that a guardianship in a related case should be terminated.

Under N.D.C.C. § 27-20.1-16(3)(c), a petitioner must show by clear and convincing evidence that the circumstances that led to the guardianship no longer exist.

A juvenile court does not need to find exceptional circumstances to extend a guardianship.

Under N.D.C.C. § 27-20.1-17(1), a juvenile court does not need to use the words “good cause” to make a finding rising to the level of good cause.

Sollin, et al. v. Klein 2021 ND 75
Docket No.: 20200202
Filing Date: 4/20/2021
Case Type: Appeal - Civil - Other
Author: Jensen, Jon J.

Highlight: A party may waive a personal jurisdiction argument by voluntarily submitting to the personal jurisdiction of the court.

A continuance is the proper remedy for a party claiming unfair surprise.

Before a restraining order may be granted, the petitioner must prove their petition through testimony, rather than by affidavits alone, with an opportunity for cross-examination.

N.B. et al. v. Terwilliger, et al. 2021 ND 74
Docket No.: 20200185
Filing Date: 4/20/2021
Case Type: Appeal - Civil - Personal Injury
Author: VandeWalle, Gerald

Highlight: When a district court answers a jury’s question on a point of law, it is further instructing the jury.

No law requires a district court to give a jury an instruction on the authority to place property in a trust under N.D.C.C. § 30.1-29-09.

Under N.D.R.Civ.P. 59(g), conformance to the evidence and the district court’s instructions negates any assertion that the verdict was rendered under passion or prejudice.

An inadequate jury award provides a basis for a new trial when it is without support in the evidence.

Schmitz v. State Board of Chiropractic Examiners 2021 ND 73
Docket No.: 20200310
Filing Date: 4/20/2021
Case Type: Appeal - Civil - Other
Author: VandeWalle, Gerald

Highlight: A court must accept as true the well-pleaded allegations in the complaint for purposes of a motion to dismiss under N.D.R.Civ.P. 12(b)(6).

City of Glen Ullin, et al. v. Schirado, et al. 2021 ND 72
Docket No.: 20200345
Filing Date: 4/20/2021
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Crothers, Daniel John

Highlight: Summary judgment is appropriate where there is no dispute as to the material facts or the inferences to be drawn from the undisputed facts, or whenever only a question of law is involved.

A party resisting summary judgment cannot rely only on the pleadings, but must present competent admissible evidence raising an issue of material fact.

A district court’s award of attorney’s fees will not be reversed absent an abuse of discretion.

City of Jamestown v. Casarez 2021 ND 71
Docket No.: 20200279
Filing Date: 4/20/2021
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Crothers, Daniel John

Highlight: An ordinance is not in conflict with a statute where it does not allow that which the statute expressly prohibits.

Jamestown Municipal Code § 21-04-06 is not in direct conflict with N.D.C.C. § 39-08-01.

A person is seized within the meaning of the Fourth Amendment of the United States Constitution only if, in view of all the circumstances surrounding the incident, a reasonable person would have believed he was not free to leave.

Under the Fourth Amendment of the United States Constitution, an officer may, in appropriate circumstances and in an appropriate manner, detain an individual for investigative purposes when there is no probable cause to make an arrest if a reasonable and articulable suspicion exists that criminal activity is afoot.

Big Pines v. Baker, et al. 2021 ND 70
Docket No.: 20200237
Filing Date: 4/20/2021
Case Type: Appeal - Civil - Landlord/Tenant
Author: Crothers, Daniel John

Highlight: A personal guaranty allowing the guarantee to proceed directly against the guarantor without first proceeding against the principal is absolute and unconditional.

Under an absolute guaranty, the guarantor is liable to the guarantee immediately upon the default of the principal.

A decision on an award of attorney’s fees rests in the sound discretion of the district court.

The Supreme Court and the district courts possess concurrent jurisdiction to award attorney’s fees on appeal; however a preference exists that the initial determination be made by the district court.

State v. Landis 2021 ND 69
Docket No.: 20200323
Filing Date: 4/20/2021
Case Type: Appeal - Criminal - Homicide
Author: Per Curiam

Highlight: A district court’s criminal judgment following a jury verdict is summarily affirmed under N.D.R.App.P 35.1(a)(3).

State ex rel. Stenehjem v. Maras, et al. 2021 ND 68
Docket No.: 20200304
Filing Date: 4/20/2021
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.

Highlight: The notice requirements for claims against the State of North Dakota or a state employee under N.D.C.C. § 32-12.2-04(1) apply to counterclaims.

Entry of default judgment as a sanction for discovery abuse may be imposed when there is a deliberate or bad-faith non-compliance that constitutes a flagrant abuse or disregard for the discovery rules.

Interest of A.G. (CONFIDENTIAL) 2021 ND 67
Docket No.: 20210075
Filing Date: 4/20/2021
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: Juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

State v. Rennie 2021 ND 66
Docket No.: 20200307
Filing Date: 4/14/2021
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: The district court did not abuse its discretion by not dismissing the case for failure to timely produce discovery materials.

Interest of F.M.G. (CONFIDENTIAL) 2021 ND 65
Docket No.: 20210087
Filing Date: 4/14/2021
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

Highlight: A district court’s continuing treatment order is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Interest of S.R. (CONFIDENTIAL)(consolidated w/20200215) 2021 ND 64
Docket No.: 20200214
Filing Date: 4/7/2021
Case Type: Appeal - Civil - Juvenile Law
Author: Per Curiam

Highlight: A juvenile court’s findings of continued deprivation and orders keeping two children in the custody of Three Rivers Human Service Zone are summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Kaspari v. Kaspari 2021 ND 63
Docket No.: 20200258
Filing Date: 4/5/2021
Case Type: Appeal - Civil - Divorce - Property
Author: VandeWalle, Gerald

Highlight: Under N.D.C.C. § 14-05-24.1(1), an award of spousal support must be for “a limited period of time.” An award of spousal support “until death or remarriage” does not comply with N.D.C.C. § 14-05-24.1(1) because it is indefinite and lacks a fixed duration.

Great Plains Royalty Corp. v. Earl Schwartz Co., et al. 2021 ND 62
Docket No.: 20200133
Filing Date: 4/5/2021
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: McEvers, Lisa K. Fair

Highlight: Standing is the concept used to determine whether a party is sufficiently affected to ensure a justiciable controversy exists.

The law of the case doctrine precludes parties from relitigating issues resolved in a prior appeal or issues that would have been resolved had they been properly presented.

Collateral estoppel, or issue preclusion, forecloses relitigation of issues that were decided in a prior action or by necessary implication must have been litigated and decided.

When the district court’s rationale is unclear, remand is appropriate.

Slander of title requires evidence that the defendant acted with malice.

Conversion and unjust enrichment are distinct causes of action.

State v. Bee 2021 ND 61
Docket No.: 20200261
Filing Date: 3/24/2021
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Tufte, Jerod E.

Highlight: The Fourth Amendment to the United States Constitution and article I, § 8, of the North Dakota Constitution protect individuals in their houses against unreasonable searches and seizures. But a warrantless search is not unreasonable if the search of the home falls under one of the exceptions to the warrant requirement.

When no exception exists, any evidence seized is inadmissible under the exclusionary rule and must be suppressed.

State v. Glasser (consolidated w/20200221) 2021 ND 60
Docket No.: 20200220
Filing Date: 3/24/2021
Case Type: Appeal - Criminal - Sexual Offense
Author: Tufte, Jerod E.

Highlight: Any attempt by the trial court to amend or modify a final judgment is void unless it is made upon grounds provided by statute or by the Rules of Criminal Procedure for correcting or amending a judgment.

Command Center v. Renewable Resources, et al. 2021 ND 59
Docket No.: 20200017
Filing Date: 3/24/2021
Case Type: Appeal - Civil - Debtor/Creditor
Author: VandeWalle, Gerald

Highlight: In an appeal from a bench trial, the trial court’s findings of fact are reviewed under the clearly erroneous standard and its conclusions of law are fully reviewable.

In a bench trial, the trial court decides credibility issues and the supreme court on appeal does not second-guess the trial court on its credibility determinations.

A trial court’s decision to admit or exclude evidence will not be reversed on appeal unless it has abused its discretion.

Business records may be properly admitted into evidence under the business records exception to the hearsay rule.

Indemnity is an equitable remedy which permits a party to recover reimbursement from another for the discharge of a liability that, as between the two parties, should have been discharged by the other.

Somerset Court, et al. v. Burgum, et al. 2021 ND 58
Docket No.: 20200292
Filing Date: 3/24/2021
Case Type: Appeal - Civil - Other
Author: McEvers, Lisa K. Fair

Highlight: A party waives an issue by not providing supporting arguments, reasoning, or citations to relevant legal authority.

A party abandons an argument by failing to raise it in the party’s appellate brief.

Cass County Joint Water Resource District v. Aaland, et al. 2021 ND 57
Docket No.: 20200171
Filing Date: 3/24/2021
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.

Highlight: Under Rule 8, N.D.R.App.P., the Court has the authority to grant a stay pending appeal.

The Court considers four criteria when deciding whether to grant an application for a stay: 1) a strong showing that the appellant is likely to succeed on appeal; 2) that unless the stay is granted, the appellant will suffer irreparable injury; 3) that no substantial harm will come to any party by reason of the issuance of the stay; and 4) that granting the stay will do no harm to the public interest.

Ryberg, et al. v. Landsiedel 2021 ND 56
Docket No.: 20200189
Filing Date: 3/24/2021
Case Type: Appeal - Civil - Personal Injury
Author: Crothers, Daniel John

Highlight: A settlement agreement is a contract between parties, and thus contract law applies.

The law looks with favor upon compromise and settlement of controversies between parties, and where the settlement is fairly entered into, it should be considered as disposing of all disputed matters which were contemplated by the parties at the time of the settlement.

When a settlement is fairly made before trial, it takes on the character of a contract between the parties and is final and conclusive, and based on good consideration.

Courts will not enforce a contract which is vague, indefinite, or uncertain, nor will they make a new contract for the parties. An oral contract can be enforced only when the parties have agreed on its essential terms.

State v. Richter 2021 ND 55
Docket No.: 20200351
Filing Date: 3/24/2021
Case Type: Appeal - Criminal - Misc. Felony
Author: VandeWalle, Gerald

Highlight: Attempted promotion of obscenity to minors is not a cognizable offense.

State v. Neugebauer 2021 ND 54
Docket No.: 20200278
Filing Date: 3/24/2021
Case Type: Appeal - Criminal - Homicide
Author: Tufte, Jerod E.

Highlight: Once a judgment is final, the district court generally loses jurisdiction to alter, amend, or modify that judgment. Unless grounds are provided by statute or by the Rules of Criminal Procedure for correcting or amending a judgment, any attempt by the district court to amend or modify a final judgment is void.

Any party who has timely served and filed a brief requests oral argument, the request must be granted. If a trial court errs in denying a party’s motion without oral argument, the remedy is a remand to allow for oral argument.

Pioneer State Mutual Insurance Co. v. Bear Creek Gravel, et al. 2021 ND 53
Docket No.: 20200170
Filing Date: 3/24/2021
Case Type: Appeal - Civil - Insurance
Author: Crothers, Daniel John

Highlight: Whether a vehicle has been furnished for regular use is a conclusion of fact.

A finding of fact will not be overturned on appeal unless clearly erroneous.

Reasonable time and place restrictions on the use of a vehicle could lead to a conclusion the vehicle was not furnished for a person’s regular use.