Opinions

State v. Nelson (consolidated w/20160225)(cross-ref. w/20150212) 2017 ND 2
Docket No.: 20160224
Filing Date: 1/26/2017
Case Type: Appeal - Criminal - Theft
Author: Per Curiam

Highlight: A district court's order for restitution is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Interest of Voisine (cross-ref. w/20090182, 20100163, 20120325 & 20140051) 2016 ND 254
Docket No.: 20160061
Filing Date: 12/30/2016
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: VandeWalle, Gerald

Highlight: Courts are not restricted to actuarial tests in determining whether an individual is likely to engage in further acts of predatory conduct; all relevant conduct should be considered.
There must be a nexus between a sexually dangerous individual's congenital or acquired condition and his serious difficulty in controlling his behavior.

Castillo v. N.D. Dep't of Transportation 2016 ND 253
Docket No.: 20160192
Filing Date: 12/20/2016
Case Type: Appeal - Administrative - Department of Transportation
Author: Sandstrom, Dale

Highlight: When statutory language is clear and unambiguous, the letter of the statute cannot be disregarded under the pretext of pursuing its spirit.
Although for purposes of the criminal refusal statute a police officer must inform a driver that the driver may remedy a refusal of an onsite screening test by taking a subsequent chemical test, the statute does not require the driver to be informed of this remedy for purposes of administrative revocation of driving privileges for refusing an onsite test.

Koenig v. Schuh, et al. 2016 ND 252
Docket No.: 20160060
Filing Date: 12/20/2016
Case Type: Appeal - Civil - Personal Injury
Author: Crothers, Daniel John

Highlight: A civil personal injury litigant is not constitutionally or statutorily entitled to a free transcript.

Rasmussen v. Harvey 2016 ND 251
Docket No.: 20160219
Filing Date: 12/20/2016
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: The district court must balance one party's financial needs against the other party's ability to pay when awarding attorney's fees and costs in divorce proceedings.

Kraft v. State 2016 ND 250
Docket No.: 20160116
Filing Date: 12/20/2016
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Sandstrom, Dale

Highlight: If the State moves to dismiss an application for post-conviction relief, the applicant must be allowed thirty days to respond if the State's motion asks the district court to go beyond the pleadings.
If the State's motion to dismiss does not ask the district court to go beyond the pleadings, the applicant must be allowed fourteen days to respond.

Western Petroleum, LLC, et al. v. Williams County Board of Commissioners 2016 ND 249
Docket No.: 20160089
Filing Date: 12/20/2016
Case Type: Appeal - Civil - Administrative Proceeding
Author: Crothers, Daniel John

Highlight: An appeal from the decision of a board of county commissioners or other local governing body is subject to a very deferential and limited standard of review.
Deference is given to a governing body's reasonable interpretation of its own ordinance; however, an interpretation contradicting clear and unambiguous language is not reasonable.

Pfeffer v. State 2016 ND 248
Docket No.: 20160188
Filing Date: 12/20/2016
Case Type: Appeal - Civil - Post-Conviction Relief
Author: VandeWalle, Gerald

Highlight: For an ineffective assistance of counsel claim for counsel's failure to appeal, to show prejudice, a defendant must demonstrate there is a reasonable probability that, but for counsel's deficient failure to consult with him about an appeal, he would have timely appealed.
When a district court fails to inform a defendant of his right to appeal, the defendant must show that, but for the district court's failure to inform him of his right to appeal, he would have appealed and that he did not have independent knowledge of his right to appeal.

Rice v. Neether 2016 ND 247
Docket No.: 20160013
Filing Date: 12/20/2016
Case Type: Appeal - Civil - Real Property
Author: McEvers, Lisa K. Fair

Highlight: The rebuttable presumption that a deed has been delivered at its date arises only after delivery has been separately established.
A signed deed in the hands of the grantor's attorney, who also drafted the deed, is not deemed delivered without the requisite intent of the grantor to actually or constructively deliver the deed.

Solwey v. Solwey 2016 ND 246
Docket No.: 20160158
Filing Date: 12/20/2016
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: For analysis of a prima facie showing for a change of primary residential responsibility, when the non-moving party submits a subsequent affidavit that conflicts with the person's initial affidavit submitted by the moving party, a district court must disregard any conflicting allegations in the subsequent affidavit.
The determination of a prima facie showing is not the time for a mini-trial by affidavit.