Opinions

Delvo v. State 2016 ND 220
Docket No.: 20160102
Filing Date: 12/5/2016
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A defendant is not entitled to credit for time spent in custody for both a separate criminal offense and a sentence following a probation revocation.
Denial of an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).

Disciplinary Board v. Bruggeman 2016 ND 219
Docket No.: 20160337
Filing Date: 11/29/2016
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer Reprimanded.

Vacancy in Judgeship No. 2, Northwest Judicial District 2016 ND 218
Docket No.: 20160296
Filing Date: 11/22/2016
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judgeship retained at Williston.

Matter of Emelia Hirsch Trust(20080209, 20120141, 20120241, 20120371 & 20130365 2016 ND 217
Docket No.: 20160189
Filing Date: 11/21/2016
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Per Curiam

Highlight: A district court's order denying a motion to vacate is affirmed under N.D.R.App.P. 35.1(a)(1) and (7), and an award of attorney's fees and double costs on appeal is granted.

Stibbe v. Haven, et al. 2016 ND 216
Docket No.: 20150339
Filing Date: 11/21/2016
Case Type: Appeal - Civil - Other
Author: Per Curiam

Highlight: A district court order dismissing a case with prejudice is summarily affirmed under N.D.R.App.P. 35.1(a)(1).
Numerous frivolous lawsuits may result in a district court's order enjoining a person from filing any complaint, motion, or legal process unless the person receives permission from a court or hires legal representation.

State v. Adan (Consolidated with 20160095) 2016 ND 215
Docket No.: 20160083
Filing Date: 11/21/2016
Case Type: Appeal - Criminal - Drugs/Contraband
Author: VandeWalle, Gerald

Highlight: Information obtained by one officer may be used by another to establish reasonable suspicion if the first officer conveyed the information to the second officer.
Nervousness, inconsistencies in travel plans, items in the vehicle, criminal history, and the fact the vehicle is a rental are all pertinent factors in determining reasonable articulable suspicion.

Larson v. Midland Hospital Supply, Inc., et al. 2016 ND 214
Docket No.: 20160059
Filing Date: 11/18/2016
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: A statute of limitations begins to run when the underlying cause of action accrues, and a claim's accrual may be postponed until the plaintiff knew, or with the exercise of reasonable diligence should have known, of the wrongful act and its resulting injury.
A fiduciary relationship may excuse some delay in discovering wrongdoing, but reasonable diligence is still required, and the statute of limitations begins to run when the plaintiff has notice of facts that would put a reasonable person on inquiry.

Frith, et al. v. The Park District of the City of Fargo, et al. 2016 ND 213
Docket No.: 20160114
Filing Date: 11/16/2016
Case Type: Appeal - Civil - Personal Injury
Author: VandeWalle, Gerald

Highlight: The statute of limitations for tort actions against a political subdivision is three years.

Patterson v. State 2016 ND 212
Docket No.: 20160117
Filing Date: 11/9/2016
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Crothers, Daniel John

Highlight: A district court has the discretion under N.D.C.C. 19-03.1-23.2 to suspend or defer a defendant's sentence with or without considering a defendant's equivalent convictions.

State v. Mann 2016 ND 211
Docket No.: 20150069
Filing Date: 11/9/2016
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: North Dakota's criminal refusal statute is constitutional under the Fourth Amendment and North Dakota Constitution article I, section 8.
The authority to take judicial notice of prior offenses under N.D.C.C. 39-08-01(3) is limited to correcting errors or omissions in charging documents.