Opinions

EduCap, Inc. v. Elder, et al. 2017 ND 57
Docket No.: 20160340
Filing Date: 3/15/2017
Case Type: Appeal - Civil - Debtor/Creditor
Author: Per Curiam

Highlight: A district court's orders denying a request for relief from judgment under N.D.R.Civ.P. 60(d) and a motion to reconsider are summarily affirmed under N.D.R.App.P. 35.1(a)(4).

State v. Kaul 2017 ND 56
Docket No.: 20160149
Filing Date: 3/13/2017
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Kapsner, Carol

Highlight: An investigative stop must be justified by reasonable suspicion that the person stopped is, or is about to be, engaged in criminal activity.
The United States Supreme Court's rule in Michigan v. Summers, 452 U.S. 692 (1981), which categorically permits the detention of occupants without reasonable suspicion incident to the execution of a search warrant, does not apply to the seizure of a visitor incident to a probationary search of another individual's residence.

Ueckert v. N.D. Dep't of Transportation 2017 ND 55
Docket No.: 20160152
Filing Date: 3/8/2017
Case Type: Appeal - Administrative - Department of Transportation
Author: Per Curiam

Highlight: A district court judgment affirming the Department of Transportation hearing officer's decision is summarily affirmed under N.D.R.App.P. 35.1(a)(7); Beylund v. Levi, 2017 ND 30.

Hamilton v. State 2017 ND 54
Docket No.: 20160276
Filing Date: 3/7/2017
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Crothers, Daniel John

Highlight: A district court's erroneous construction and application of N.D. Sup. Ct. Admin. R. 52, § 2(D) and (E) amounted to harmless error.
An applicant for post-conviction relief does not have an absolute right to be personally present at an evidentiary hearing when represented by counsel and permitted to testify by telephone.

O'Hara v. Schneider 2017 ND 53
Docket No.: 20160318
Filing Date: 3/7/2017
Case Type: Appeal - Civil - Child Support
Author: Tufte, Jerod E.

Highlight: Where the initial order establishing primary residential responsibility or parenting time included consideration of a pattern of domestic violence, a new domestic violence act by the same parent satisfies the "material change" prong as a matter of law.
When the original order establishing primary residential responsibility or parenting time is based on a stipulated agreement, district courts retain limited discretion to decide whether to consider relevant pre-custody evidence only if the previous judge issued court-made findings on such evidence.
In cases in which a party alleges domestic violence, the analysis requires consideration of the domestic violence factor under either N.D.C.C. § 14-09-06.2(1)(j) or N.D.C.C. § 14-09-29, depending on whether the case involves residential responsibility or parenting time, before turning to the additional best interests factors under § 14-09-06.2.
Any domestic violence negatively impacts the best interests of the children, regardless of whether the domestic violence was between the parents rather than directed at the children.

City of Grand Forks v. Opp 2017 ND 52
Docket No.: 20160329
Filing Date: 3/7/2017
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Crothers, Daniel John

Highlight: A defendant is limited on appeal to issues raised in motion for new trial.
A motion for severance must be brought at the close of evidence to properly preserve an objection to joinder.
A district court's consolidation of two charges into one trial was not obvious error when defendant failed to make compelling showing of need to present evidence concerning one charge and the inability to present the evidence to defend the other charge.

State v. White 2017 ND 51
Docket No.: 20160227
Filing Date: 3/7/2017
Case Type: Appeal - Criminal - Sexual Offense
Author: Crothers, Daniel John

Highlight: A probationary search, supported by reasonable suspicion and authorized by a condition of supervised probation, is reasonable and does not violate the probationer's constitutional rights.

Jalbert v. Eagle Rigid Spans, Inc. 2017 ND 50
Docket No.: 20160173
Filing Date: 3/7/2017
Case Type: Appeal - Civil - Contracts
Author: Crothers, Daniel John

Highlight: A trial court's decision to grant or deny a new trial for an excessive damage verdict is discretionary and will not be overturned unless an abuse of discretion has been demonstrated. It is presumed that a damage verdict is proper, and this presumption is overcome only when the jury's verdict is so excessive that it shocks the conscience of the court.
A court may impose reasonable restrictions upon the length of the trial or hearing and upon the number of witnesses allowed.

Nelson v. McAlester Fuel Company, et al. 2017 ND 49
Docket No.: 20160007
Filing Date: 3/7/2017
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Kapsner, Carol

Highlight: The statutory procedure in N.D.C.C. ch. 38-18.1 allowing a surface owner to acquire abandoned mineral interests is a separate, distinct procedure from a subsequent quiet title action.
The primary objective in interpreting a statute is to determine the intent of the legislature by first looking at the language of the statute and giving words their plain, ordinary, and commonly understood meaning.
Statutes are construed in a practical manner.

Mitzel v. Larson 2017 ND 48
Docket No.: 20160208
Filing Date: 3/7/2017
Case Type: Appeal - Civil - Other
Author: McEvers, Lisa K. Fair

Highlight: A party may waive a personal jurisdiction argument by voluntarily submitting to the personal jurisdiction of the district court.
A petitioner for a disorderly conduct restraining order must allege specific facts or threats showing the acts are intended to affect the petitioner's safety, security, or privacy.