Opinions

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.

Saari v. State 2017 ND 94
Docket No.: 20160263
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 the attorney's representation.

Everett v. State 2017 ND 93
Docket No.: 20160160
Filing Date: 4/25/2017
Case Type: Appeal - Civil - Post-Conviction Relief
Author: McEvers, Lisa K. Fair

Highlight: The right of appeal is governed solely by statute in this state, and without any statutory basis to hear an appeal, the Supreme Court must take notice of the lack of jurisdiction and dismiss the appeal.
Although statutes conferring the right to appeal must be liberally construed to maintain the right to appeal, the party appealing bears the burden of showing that the right to appeal comes within the language of a statute.

Goodall, et al. v. Monson, et al. 2017 ND 92
Docket No.: 20160235
Filing Date: 4/25/2017
Case Type: Appeal - Civil - Real Property
Author: McEvers, Lisa K. Fair

Highlight: A latent ambiguity arises when a writing appears unambiguous on its face, but some collateral matter makes the meaning uncertain.
A latent ambiguity is shown to exist for the first time by matter outside the writing when an attempt is made to apply the language to the ground.
A party may not use extrinsic evidence to create a latent ambiguity in a deed and change the terms of an unambiguous deed.
Any evidence to prove the true intent of the parties or prove the existence of a mutual mistake is admissible in an action to reform a deed.

Lizakowski v. Lizakowski 2017 ND 91
Docket No.: 20160072
Filing Date: 4/25/2017
Case Type: Appeal - Civil - Divorce - Property
Author: Kapsner, Carol

Highlight: A district court's determination on property division or spousal support will not be set aside for failure to explicitly state the basis for its findings if that basis is reasonably discernable by deduction or inference.
In deciding whether to award attorney fees in a divorce action, the district court must balance one party's needs against the other party's ability to pay and consideration of fault is only relevant to the extent one party has unreasonably escalated the fees.

State v. Howe 2017 ND 90
Docket No.: 20160331
Filing Date: 4/25/2017
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Conviction on two counts of possession of a controlled substance and two counts of possession of drug paraphernalia is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

State v. Schnellbach 2017 ND 89
Docket No.: 20160342
Filing Date: 4/25/2007
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(7).