Opinions

White Bird v. State 2016 ND 147
Docket No.: 20160025
Filing Date: 7/20/2016
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Crothers, Daniel John

Highlight: Counsel's conduct is presumed to be reasonable, and courts consciously attempt to limit the distorting effect of hindsight.

Hieb v. State 2016 ND 146
Docket No.: 20160019
Filing Date: 7/20/2016
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Kapsner, Carol

Highlight: An application for post-conviction relief must be filed within two years of the date the conviction becomes final, unless an exception applies.
When a post-conviction relief applicant claims an exception to the statute of limitations because a new interpretation of federal or state law retroactively applies to his case, the application must be filed within two years of the effective date of the retroactive application of law.

State v. Davis 2016 ND 145
Docket No.: 20150287
Filing Date: 7/20/2016
Case Type: Appeal - Criminal - Homicide
Author: McEvers, Lisa K. Fair

Highlight: A district court may consider the circumstances and all relevant factors in determining whether to modify an order for conditional release.
In determining whether to modify an order for conditional release, a district court is required to make findings on the individual's mental status and level of risk to society, which are governed by the clearly erroneous standard of review.
While a district court cannot arbitrarily disregard expert testimony, it can assign the weight to give it, and does not have to accept experts' opinions as conclusive.

Interest of E.P. (CONFIDENTIAL)(consolidated w/20160185 & 20160186) 2016 ND 143
Docket No.: 20160184
Filing Date: 7/20/2016
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: A juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Bjorneby, et al. v. Nodak Mutual Insurance Company, et al. 2016 ND 142
Docket No.: 20150255
Filing Date: 7/7/2016
Case Type: Appeal - Civil - Insurance
Author: Kapsner, Carol

Highlight: When the evidence presented at trial is sufficient to create an issue of material fact, judgment as a matter of law is inappropriate.
A party must object to a jury instruction to argue it was improper on appeal. When the parties do not object to an instruction, it becomes the law of the case.

Constellation Development, LLC v. Western Trust Co., et al. 2016 ND 141
Docket No.: 20150319
Filing Date: 7/7/2016
Case Type: Appeal - Civil - Real Property
Author: Sandstrom, Dale

Highlight: The substance of an agreement controls, not the titles or labels attached by the parties.
While a right of first refusal to purchase real estate is triggered when the owner receives an offer from a third party and decides to sell, a right of first offer is triggered when the owner decides to offer the property for sale without first receiving an offer from a third party.
A contract required by the statute of frauds to be in writing cannot be modified by a subsequent unexecuted oral agreement.

Limberg v. Sanford Medical Center Fargo, et al. 2016 ND 140
Docket No.: 20150348
Filing Date: 6/30/2016
Case Type: Appeal - Civil - Other
Author: Sandstrom, Dale

Highlight: The purpose of a motion for dismissal for failure to state a claim upon which relief can be granted is to test the legal sufficiency of the statement of the claim presented in the complaint.
A complaint should not be dismissed for failure to state a claim upon which relief can be granted unless it appears beyond doubt the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.
When the pricing term in a contract is fixed and can be determined from the language of the contract, the contract is not silent or open concerning price and there is no need to judicially impute a fair and reasonable price term.

Viscito, et al. v. Christianson, et al. (cross-ref. w/20140252) 2016 ND 139
Docket No.: 20150285
Filing Date: 6/30/2016
Case Type: Appeal - Civil - Contracts
Author: McEvers, Lisa K. Fair

Highlight: The "law of the case" doctrine is the principle that when an appellate court has passed on a legal question and remanded the case to the court below for further proceedings, the legal question decided by the appellate court will not be decided differently on a subsequent appeal in the same case where the facts remain the same.
The mandate rule requires the district court to follow pronouncements of an appellate court on legal issues in subsequent proceedings of the case and to carry out the appellate court's mandate.

Bartholomay v. Plains Grain & Agronomy, LLC 2016 ND 138
Docket No.: 20160030
Filing Date: 6/30/2016
Case Type: Appeal - Civil - Personal Injury
Author: Crothers, Daniel John

Highlight: Generally, when an employer complies with the workers compensation statutes, the employee's exclusive remedy against the employer is limited to recovery under the workers compensation statutes.
The sole exception to employer immunity from civil liability under the workers compensation laws requires both that the employer engage in an "intentional act" and that the employer have a "conscious purpose of inflicting the injury."

Riemers v. Hill, et al. (cross-ref 20130407) 2016 ND 137
Docket No.: 20150276
Filing Date: 6/30/2016
Case Type: Appeal - Civil - Landlord/Tenant
Author: VandeWalle, Gerald

Highlight: A court has inherent power to sanction a litigant for misconduct, and sanctions may include award of attorney fees.
An abuse of process occurs when a person misuses a legal process against another primarily to accomplish a purpose for which the process was not designed.