Opinions

State v. Engelhorn 2016 ND 167
Docket No.: 20160058
Filing Date: 8/22/2016
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: McEvers, Lisa K. Fair

Highlight: Horizontal gaze nystagmus test results may be used as circumstantial evidence of intoxication without requiring scientific foundation by expert testimony.

Vacancy in Judgeship No. 5, Northeast Central Judicial District 2016 ND 166
Docket No.: 20160193
Filing Date: 8/19/2016
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judgeship retained at Grand Forks.

2015 Application for Permit to Enter Land(Consolidated w/ 20150312) 2016 ND 165
Docket No.: 20150311
Filing Date: 8/18/2016
Case Type: Appeal - Civil - Real Property
Author: Crothers, Daniel John

Highlight: The N.D. Rules of Civil Procedure do not require a water district to begin a civil action by serving a summons when applying for a permit to enter land for examining, surveying and mapping a proposed flood control project.
The district's examinations are not limited to visual examinations, and the landowners are not entitled to a jury trial in the preliminary stage.

Ell v. Director, Dep't of Transportation 2016 ND 164
Docket No.: 20160068
Filing Date: 8/17/2016
Case Type: Appeal - Administrative - Department of Transportation
Author: Kapsner, Carol

Highlight: A police officer's knowledge may be imputed to another officer to establish reasonable suspicion or probable cause, and an officer may testify about imputed knowledge.
The evidentiary shortcut for admission of chemical test results provided by statute cannot be used, and expert testimony is required to show fair administration of the test if documentary evidence does not show the approved collection method was scrupulously followed.

New Public School District #8 v. State Board of Public School Education, et al. 2016 ND 163
Docket No.: 20160093
Filing Date: 8/17/2016
Case Type: Appeal - Civil - Administrative Proceeding
Author: Sandstrom, Dale

Highlight: Property annexed to a school district must be contiguous to that school district when the annexation becomes effective.

Snider, et al v. Dickinson Elks Building, LLC 2016 ND 162
Docket No.: 20150343
Filing Date: 8/17/2016
Case Type: Appeal - Civil - Real Property
Author: Sandstrom, Dale

Highlight: The appealability of a judgment will be considered even if neither party raises the issue on appeal.
An appeal from a judgment that does not resolve all of the parties' claims will generally be dismissed.

State v. Garnder 2016 ND 161
Docket No.: 20150368
Filing Date: 8/17/2016
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Sandstrom, Dale

Highlight: Persons accused of crimes have a right to a trial by an impartial jury.
A court will not readily discount the assurances of a juror as to his or her impartiality.
A party claiming discrimination during the selection of the jury pool bears the burden of establishing a prima facie case of purposeful discrimination.

State v. Mercier 2016 ND 160
Docket No.: 20150275
Filing Date: 8/17/2016
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Sandstrom, Dale

Highlight: An investigative stop must be justified by reasonable suspicion that the person stopped is, or is about to be, engaged in criminal activity.
A search incident to arrest is a recognized exception to the search warrant requirement, and an officer making a lawful arrest may search the arrestee and an object immediately associated with the arrestee.
A search incident to arrest is not invalid simply because the search preceded the arrest so long as the arrest quickly followed the search and the fruits of the search were not needed for probable cause to arrest.

State v. Hoffer 2016 ND 159
Docket No.: 20160040
Filing Date: 7/28/2016
Case Type: Appeal - Criminal - Drugs/Contraband
Author: VandeWalle, Gerald

Highlight: A district court order deferring imposition of sentence entered after a conditional guilty plea is summarily affirmed under N.D.R.App.P. 35.1(a)(2), (3), and (7).

State v. Heier 2016 ND 158
Docket No.: 20160039
Filing Date: 7/28/2016
Case Type: Appeal - Criminal - Drugs/Contraband
Author: McEvers, Lisa K. Fair

Highlight: The Fourth Amendment does not apply to searches or seizures by a private individual not acting as an agent of the government or with the participation and knowledge of any government official.