Opinions

State v. Nur 2017 ND 43
Docket No.: 20160257
Filing Date: 3/7/2017
Case Type: Appeal - Criminal - Theft
Author: Per Curiam

Highlight: A district court's judgment following a jury finding the defendant guilty of burglary is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

State v. Romanick, et al. 2017 ND 42
Docket No.: 20160455
Filing Date: 3/3/2017
Case Type: Original Proceeding - Criminal - Writ of Supervision
Author: Crothers, Daniel John

Highlight: A supervisory writ is issued rarely and cautiously only to rectify errors and prevent injustice in extraordinary cases when no adequate alternative remedy exists.
A criminal complaint may be amended at any time before a finding or verdict if no additional or different offense is charged and if substantial rights of the defendant are not prejudiced.
A date is an element of a criminal offense only if there would be no crime if the conduct occurred on the date alleged in the complaint.

State v. Mindt 2017 ND 41
Docket No.: 20160288
Filing Date: 3/1/2017
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam

Highlight: A district court's order deferring imposition of sentence and an order denying motion for a new trial summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Kovalevich v. State (Consolidated w/20160325) 2017 ND 40
Docket No.: 20160194
Filing Date: 3/1/2017
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Appeals from denials of motions for new trial and an application for post-conviction relief are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Interest of D.V.A.(Confidential-Cross-ref.w/20080319,20100091,20110358,20140384) 2017 ND 39
Docket No.: 20160315
Filing Date: 3/1/2017
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

Highlight: A district court order denying discharge from civil commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Wheeler v. Schmalenberger, et al. 2017 ND 38
Docket No.: 20160361
Filing Date: 3/1/2017
Case Type: Appeal - Civil - Other
Author: Per Curiam

Highlight: Order granting summary judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (6).

Snyder v. Director, N.D. Dep't of Transportation 2017 ND 37
Docket No.: 20160321
Filing Date: 3/1/2017
Case Type: Appeal - Administrative - Department of Transportation
Author: Per Curiam

Highlight: Appeal from judgment reversing Department of Transportation decision suspending driving privileges is summarily reversed under N.D.R.App.P. 35.1(b) and Beylund v. Levi, 2017 ND 30.

Hofland v. Hofland 2017 ND 36
Docket No.: 20160178
Filing Date: 3/1/2017
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: A district court's order awarding primary residential responsibility to the father once the child starts school is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Estate of Harris (consolidated w/20160085) 2017 ND 35
Docket No.: 20160084
Filing Date: 2/28/2017
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: McEvers, Lisa K. Fair

Highlight: A party moving to vacate a judgment entered consistent with the terms of stipulations must first prove that, under the law of contracts, there is justification for setting the contract aside.
The statutory presumption of undue influence under N.D.C.C. § 59-18-01.1 is rebutted, as a matter of law, when a beneficiary of a trust enters into stipulations with a trustee while represented by counsel, after stating he understands the terms of the stipulations on the record, and the district court enters judgment consistent with the stipulations.

Estate of Brakke 2017 ND 34
Docket No.: 20160045
Filing Date: 2/23/2017
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Crothers, Daniel John

Highlight: A district court may consider a compromise agreement settling litigation challenging a settlor's capacity to create a trust under statutory provisions in the Uniform Probate Code.
A settlement agreement must be written, executed by all competent persons and parents or guardians acting for minor children having beneficial interests affected by the compromise, the court must find the litigation is in good faith and the effect of the agreement is just and reasonable.