Opinions

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.

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.