Opinions

Black Gold Oil Field Services, LLC v. City of Williston, et al. 2016 ND 30
Docket No.: 20150112
Filing Date: 2/18/2016
Case Type: Appeal - Civil - Other
Author: McEvers, Lisa K. Fair

Highlight: Granting or denying a preliminary injunction is based on: (1) substantial probability of succeeding on the merits; (2) irreparable injury; (3) harm to other interested parties; and (4) effect on the public interest.
An injunction cannot be granted to prevent a legislative act by a municipality.
A party seeking an injunction generally must show that no adequate remedy at law exists and that irreparable injury will result if relief is not granted.

Interest of Johnson (cross-reference w/ 20120364 & 20140366) 2016 ND 29
Docket No.: 20150217
Filing Date: 2/18/2016
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Kapsner, Carol

Highlight: A district court must find a person has serious difficulty controlling his or her behavior to continue that person's commitment as a sexually dangerous individual.

State v. Anderson 2016 ND 28
Docket No.: 20150015
Filing Date: 2/18/2016
Case Type: Appeal - Criminal - Homicide
Author: McEvers, Lisa K. Fair

Highlight: The State cannot use a defendant's post-arrest silence as evidence of guilt, and the burden is on the State to prove that a comment on a defendant's post-arrest silence is harmless beyond a reasonable doubt.
The State's inquiry into the amount of time a defendant spent preparing trial testimony is a legitimate means of attacking the veracity of a defendant's testimony on cross-examination.
The attorney-client privilege is personal to the client and is waived if it is not asserted at trial.
A defendant's flight immediately after a crime has been committed or during a continuing chain of events after a crime has been committed, while alone is insufficient to establish guilt, may be considered by the jury as circumstantial evidence of a defendant's consciousness of guilt.

State v. Stensaker (consolidated w/ 20150165) 2016 ND 27
Docket No.: 20150164
Filing Date: 2/18/2016
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: Murder conviction and two counts of possession of a firearm by a convicted felon summarily affirmed under N.D.R.App.P. 35.1(a)(3); case remanded to fix clerical error in judgment.

Interest of G.L.D. (CONFIDENTIAL)(cross-reference w/20100230,20120175,&2014 2016 ND 26
Docket No.: 20150245
Filing Date: 2/18/2016
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

Highlight: Order denying request for discharge from commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Interest of G.L.D. (CONFIDENTIAL)(cross-reference w/20100230,20120175,&20140034) 2016 ND 25
Docket No.: 20150226
Filing Date: 2/18/2016
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

Highlight: A district court order denying petition for discharge from civil commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Interest of N.C. (CONFIDENTIAL) 2016 ND 24
Docket No.: 20150367
Filing Date: 2/18/2016
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) and (4).

Gomez v. State 2016 ND 23
Docket No.: 20150258
Filing Date: 2/18/2016
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Order dismissing application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Benson v. State (cross-reference w/20130179) 2016 ND 22
Docket No.: 20150232
Filing Date: 2/18/2016
Case Type: Appeal - Civil - Post-Conviction Relief
Author: VandeWalle, Gerald

Highlight: Order dismissing application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6).

Vacancy in Judgeship No. 7, SEJD (see 20160011) 2016 ND 21
Docket No.: 20160001
Filing Date: 2/16/2016
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judgeships retained at Jamestown and Valley City.