Opinions

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.

Peterson v. Peterson 2016 ND 157
Docket No.: 20150363
Filing Date: 7/26/2016
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: For obligors believing they can no longer pay the court-ordered spousal support, the appropriate procedure is to immediately move the court to abolish or reduce the court-ordered support because of a change of circumstances, not unilaterally to cease making the required payments.

Interest of D.W. (CONFIDENTIAL) 2016 ND 156
Docket No.: 20160002
Filing Date: 7/25/2016
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Crothers, Daniel John

Highlight: For a sexually dangerous individual, the executive director of the department of human services may not be required to create a less restrictive treatment facility or treatment program specifically for the respondent or committed individual.

Sandahl, et al. v. City Council of the City of Larimore 2016 ND 155
Docket No.: 20150364
Filing Date: 7/20/2016
Case Type: Appeal - Civil - Administrative Proceeding
Author: Kapsner, Carol

Highlight: An appeal from a decision of a local governing body must be filed within 30 days of the decision.

State v. Francis 2016 ND 154
Docket No.: 20150280
Filing Date: 7/20/2016
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Kapsner, Carol

Highlight: Electioneering law prohibiting the gathering of signatures within 100 feet of the entrance to an open polling place is a reasonable time, place, and manner restriction on speech.
Prohibition on collecting signatures within 100 feet of the entrance to an open polling place is a reasonable restriction on the initiated ballot measure process.
To show abuse of prosecutorial discretion, defendants must establish similarly situated individuals were not prosecuted and prosecution of the defendant was based on an improper motive.

Klein v. Klein 2016 ND 153
Docket No.: 20160043
Filing Date: 7/20/2016
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: Statute terminating permanent spousal support award upon habitual cohabitation of the spouse receiving support does not apply to cohabitation occurring prior to August 1, 2015.