Opinions

Morris v. State 2017 ND 104
Docket No.: 20160350
Filing Date: 4/25/2017
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Kapsner, Carol

Highlight: To prevail on a post-conviction claim of ineffective assistance of counsel, the petitioner has the heavy burden of proving (1) counsel's representation fell below an objective standard of reasonableness, and (2) the petitioner was prejudiced by counsel's deficient performance.
If the petitioner fails to show that his or her attorney's representation fell below an objective standard of reasonableness on a claim of ineffective assistance of counsel, this Court need not analyze whether the petitioner was prejudiced by counsel's representation.

Crawford v. N.D. Dep't of Transportation 2017 ND 103
Docket No.: 20160252
Filing Date: 4/25/2017
Case Type: Appeal - Administrative - Department of Transportation
Author: VandeWalle, Gerald

Highlight: Traffic violations constitute prohibited conduct and provide law enforcement officers with sufficient grounds for an initial investigatory traffic stop.
Assuming consent to warrantless blood test incident to arrest was involuntary, the exclusionary rule and North Dakota law does not require the suppression of the blood test results in civil administrative license suspension proceedings.

State v. Rourke 2017 ND 102
Docket No.: 20160302
Filing Date: 4/25/2017
Case Type: Appeal - Criminal - Sexual Offense
Author: McEvers, Lisa K. Fair

Highlight: A criminal defendant must preserve a sufficiency of the evidence argument for appeal by moving for a judgment of acquittal at trial under N.D.R.Crim.P. 29.
This Court exercises its power to notice obvious error cautiously, and only in exceptional circumstances. This Court need not exercise its discretion to notice obvious error when the appellee, not the appellant, raises the issue of obvious error on appeal, and the appellant does not point this Court to an obvious error that affects his substantial rights.

Opp v. N.D. Dep't of Transportation (consolidated w/20160215) 2017 ND 101
Docket No.: 20160211
Filing Date: 4/25/2017
Case Type: Appeal - Administrative - Department of Transportation
Author: McEvers, Lisa K. Fair

Highlight: A Department of Transportation decision suspending or revoking driving privileges may be appealed to the district court by serving the director and filing a notice of appeal with specifications of error in the district court within seven days after t

Estate of Nohle 2017 ND 100
Docket No.: 20160274
Filing Date: 4/25/2017
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Tufte, Jerod E.

Highlight: Issues that are not briefed or argued on appeal are deemed abandoned.
Courts do not issue advisory opinions.
A motion for relief from a judgment or order must be made within a reasonable time.

Mid Dakota Clinic v. Livengood 2017 ND 99
Docket No.: 20170029
Filing Date: 4/25/2017
Case Type: Appeal - Civil - Debtor/Creditor
Author: VandeWalle, Gerald

Highlight: The right to vacate satisfactions is based upon the inherent right of courts to correct its records to conform to the facts.
There is no fixed time line in which to vacate a satisfaction of judgment.

Addai v. State 2017 ND 98
Docket No.: 20160336
Filing Date: 4/25/2017
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Crothers, Daniel John

Highlight: An application for post-conviction relief alleging newly discovered evidence, filed more than two years after the conviction becomes final, may be considered if the new evidence proves the applicant did not engage in the criminal conduct for which he was convicted. N.D.C.C. § 29-32.1-01(3)(a)(1).
To obtain post-conviction relief on the basis of newly discovered evidence, the applicant must show (1) the evidence was discovered after trial, (2) the failure to learn about the evidence at the time of trial was not the result of the defendant's lack of diligence, (3) the newly discovered evidence is material to the issues at trial, and (4) the weight and quality of the newly discovered evidence would likely result in an acquittal.

Booth v. State 2017 ND 97
Docket No.: 20160200
Filing Date: 4/25/2017
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Tufte, Jerod E.

Highlight: To establish prejudice under Strickland in a plea bargain situation, the petitioner must allege facts that, if proven, would support a conclusion that rejection of the plea bargain would have been rational because valid defenses existed, a suppression motion could have undermined the prosecution's case, or there was a realistic potential for a lower sentence.
Supreme Court does not consider arguments first raised during oral argument.

Holm v. Holm 2017 ND 96
Docket No.: 20160299
Filing Date: 4/25/2017
Case Type: Appeal - Civil - Divorce - Property
Author: VandeWalle, Gerald

Highlight: The written description of stock dividends in an employment agreement is not necessarily determinative of their nature, but the underlying purpose of the dividends is the primary consideration in marital property cases.
The value given to marital property by the district court depends on the evidence presented by the parties.
Courts in divorce cases should try to disentangle the parties' financial affairs to reduce further conflict, litigation, and rancor between them.

State v. Brewer 2017 ND 95
Docket No.: 20160241
Filing Date: 4/25/2017
Case Type: Appeal - Criminal - Sexual Offense
Author: McEvers, Lisa K. Fair

Highlight: When a party objects to the State's admission of evidence with a pretrial motion in limine, the party must renew their objection at trial in order to give the district court an opportunity to rule on the issue in the trial context. A party's failure to renew their objection at trial acts as a waiver of the claim of error.