Opinions

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.

Gonzalez v. State 2017 ND 109
Docket No.: 20160362
Filing Date: 4/25/2017
Case Type: Appeal - Civil - Post-Conviction Relief
Author: VandeWalle, Gerald

Highlight: Failure to make specific findings of fact and conclusions of law under N.D.C.C. § 23-32.1-11 is harmless error when this Court is able to ascertain from the record the district court's reasoning for its decision.

State v. Gray 2017 ND 108
Docket No.: 20160289
Filing Date: 4/25/2017
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: McEvers, Lisa K. Fair

Highlight: When an affidavit is filed with a complaint, these documents may be read together to test the sufficiency of the complaint in a motion to dismiss. When an appellant assumes the consequences and the risk for the failure to file a transcript on appeal, and this Court will not review an issue if the record on appeal does not allow a meaningful and intelligent review of the district court's alleged error.
This Court will not address arguments raised for the first time on appeal.
A motion to correct an illegal sentence may not be used to reopen a final judgment and collaterally attack an underlying conviction.

Greene v. Matthys 2017 ND 107
Docket No.: 20160284
Filing Date: 4/25/2017
Case Type: Appeal - Civil - Malpractice
Author: McEvers, Lisa K. Fair

Highlight: Section 28-01-46, N.D.C.C., requires a plaintiff in a medical negligence action to serve on the defendant an expert's affidavit containing, among other things, an opinion to support a prima facia case of professional negligence.
Cases involving technical surgical procedures are generally beyond the understanding of a layperson, and do not fall under the "obvious occurrence" exception under N.D.C.C. § 28-01-46.
In order for the "obvious occurrence" exception to apply, it is the occurrence itself, not the result of the surgery, that must be obvious.

State, et al. v. Winegar 2017 ND 106
Docket No.: 20160281
Filing Date: 4/25/2017
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Ogren, et al. v. Sandaker, et al. 2017 ND 105
Docket No.: 20160279
Filing Date: 4/25/2017
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Crothers, Daniel John

Highlight: Royalty interests in a mineral estate may be conveyed or reserved as a fractional royalty interest or a fraction of royalty interest.
A fractional royalty interest is a fixed fraction of total production that remains constant regardless of the amount of royalty in a subsequent oil and gas lease. A fraction of royalty is a fraction of the total royalty interest and varies according to the size of the landowner's royalty in a mineral lease.

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.