Opinions

Fredericks v. Fredericks, et al. 2016 ND 234
Docket No.: 20150359
Filing Date: 12/9/2016
Case Type: Appeal - Civil - Real Property
Author: Sandstrom, Dale

Highlight: Once tribal land is converted into fee simple, the tribe loses plenary jurisdiction over it.
The party seeking reformation of a written instrument must establish by clear and convincing evidence that the document does not state the parties' intended agreement.
A purchaser who has notice of circumstances sufficient to put a prudent person upon inquiry and fails to do so cannot claim good-faith purchaser status and will be charged with constructive notice of all facts that the inquiry would have revealed.
A party who is not a good-faith purchaser cannot rely on the doctrines of equitable estoppel and laches.
Damages for breach of a warranty deed include attorney fees incurred in defending title.

CHS Inc. v. Riemers 2016 ND 233
Docket No.: 20160131
Filing Date: 12/8/2016
Case Type: Appeal - Civil - Other
Author: Per Curiam

Highlight: As modified for prejudgment interest, appeal from summary judgment summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (6).

State v. Karna 2016 ND 232
Docket No.: 20160156
Filing Date: 12/5/2016
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Sandstrom, Dale

Highlight: Information from an informant whose identity is easily ascertainable has a higher indicia of reliability than information obtained from an anonymous informant.

Schweitzer v. Mattingley 2016 ND 231
Docket No.: 20160090
Filing Date: 12/5/2016
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: A district court judge does not automatically lose the authority to proceed in a case upon the filing of a motion to recuse.
For purposes of child support, a district court may consider new or likely future circumstances in determining an obligor's income.

State v. Brendel, et al. (Consol. w/ 20160023) 2016 ND 230
Docket No.: 20160022
Filing Date: 12/5/2016
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Crothers, Daniel John

Highlight: A third-person surety may not appeal a bail bond forfeiture order.

KLE Construction, LLC v. Twalker Development, LLC 2016 ND 229
Docket No.: 20160054
Filing Date: 12/5/2016
Case Type: Appeal - Civil - Contracts
Author: Kapsner, Carol

Highlight: Issues not adequately raised before the district court will not be addressed on appeal.
Damages for an unjust enrichment claim generally should be based on the defendant's enrichment.

Yarbro v. State 2016 ND 228
Docket No.: 20160176
Filing Date: 12/5/2016
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court order denying postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Peltier 2016 ND 227
Docket No.: 20160148
Filing Date: 12/5/2016
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: A district court's denial of a defendant's motion for a mistrial is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

State v. Butts 2016 ND 226
Docket No.: 20160125
Filing Date: 12/5/2016
Case Type: Appeal - Criminal - Homicide
Author: Per Curiam

Highlight: A district court order denying the defendant's motion to withdraw his guilty plea is affirmed under N.D.R.App.P. 35.1(a)(4).

Hildebrand v. Stolz 2016 ND 225
Docket No.: 20160038
Filing Date: 12/5/2016
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: A default judgment has not been entered when a party has notice of the trial date, fails to appear at trial, and the district court hears testimony and receives evidence from the opposing party at trial before entering judgment.