Opinions

Messer, et al. v. B&B Hot Oil Service, Inc., et al. 2015 ND 202
Docket No.: 20150065
Filing Date: 8/17/2015
Case Type: Appeal - Civil - Other
Author: VandeWalle, Gerald

Highlight: For negligence claims based on defective products, the focus is on whether or not the conduct of the manufacturer or seller falls below the standard of reasonable care. One who has been injured by a product may seek to hold the manufacturer or seller liable on the theory that the design of the product made it dangerous and, apart from whether it was negligent in its design, negligence is inhered in a failure to warn of the danger.
If the existence of a duty depends on factual determinations, their resolution is for the trier of fact. The appropriate procedure in such cases is for the court to instruct the jury as to the defendant's duty, or absence of duty, if certain facts are found.

State v. Clark 2015 ND 201
Docket No.: 20140405
Filing Date: 8/13/2015
Case Type: Appeal - Criminal - Homicide
Author: McEvers, Lisa K. Fair

Highlight: A conviction rests upon insufficient evidence only when, after viewing the evidence in the light most favorable to the prosecution and giving the prosecution the benefit of all inferences reasonably to be drawn in its favor, no rational fact finder could find the defendant guilty beyond a reasonable doubt.

Johnson, et al. v. Shield, et al. 2015 ND 200
Docket No.: 20150053
Filing Date: 8/13/2015
Case Type: Appeal - Civil - Real Property
Author: Sandstrom, Dale

Highlight: Reservations or exceptions of property interests may appear in any part of a deed, including the warranty clause.
Exceptions or exclusions of property should be set forth in the granting clause with the same prominence as the property granted, or, if placed elsewhere, should be so explicit as to leave no room for doubt.

BAHA Petroleum Consulting Corp. v. Job Service 2015 ND 199
Docket No.: 20140452
Filing Date: 8/11/2015
Case Type: Appeal - Administrative - Unemployment/Job Service
Author: McEvers, Lisa K. Fair

Highlight: Whether a worker is an independent contractor or an employee is a mixed question of fact and law, and the employer bears the burden of showing the worker is an independent contractor.

State v. Morel 2015 ND 198
Docket No.: 20140454
Filing Date: 8/11/2015
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Crothers, Daniel John

Highlight: Conviction of refusal to submit to a chemical test is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

State v. Kordonowy 2015 ND 197
Docket No.: 20140327
Filing Date: 8/6/2015
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: The implied consent statute criminalizing refusal to consent to chemical testing is not unconstitutional under the Fourth Amendment or N.D. Constitution article I, section 8, and it is not unconstitutionally vague.
The statutory right to refuse to submit to chemical testing is not a defense to the charge of refusal to submit to a chemical test.
The district court does not have a duty to draft a jury instruction requested by the defendant.

State v. Kardor 2015 ND 196
Docket No.: 20140410
Filing Date: 8/6/2015
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Sandstrom, Dale

Highlight: A Brady v. Maryland violation is established if a defendant proves: (1) the government possessed evidence favorable to the defendant; (2) the defendant did not possess the evidence and could not have obtained it with reasonable diligence; (3) the prosecution suppressed the evidence; and (4) a reasonable probability exists that the outcome of the proceedings would have been different if the evidence had been disclosed.
A Brady violation is not established if a defendant was aware of the information allegedly withheld by the State.
A defendant's failure to discover evidence from a lack of reasonable diligence defeats a Brady claim that the prosecution withheld evidence.

Yesel, et al. v. Brandon, et al. (consolidated w/20140187) 2015 ND 195
Docket No.: 20140186
Filing Date: 8/6/2015
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Kapsner, Carol

Highlight: A royalty interest is not abandoned if the mineral interest related to the royalty interest has been used within the last 20 years.
On a party's motion for leave to amend a pleading to assert a counterclaim in an ongoing action, a district court must consider whether the counterclaim is compulsory or permissive, and also must consider whether justice requires that leave to amend be granted.

State v. Filkowski 2015 ND 194
Docket No.: 20140344
Filing Date: 8/6/2015
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: VandeWalle, Gerald

Highlight: Evidence establishing the approved methods, devices, or individuals administering analytical tests requires foundational support indicating approval from the director of the state crime laboratory or the director's designee.
Copies of the state crime laboratory certified records that have been electronically posted on the attorney general's website must be admitted as prima facie evidence of the matters stated in the record. Once prima facie evidence establishing the status of a designee is accepted, the burden shifts to the defendant to rebut the prima facie evidence.

City of Dickinson v. Etienne 2015 ND 193
Docket No.: 20140472
Filing Date: 8/6/2015
Case Type: Appeal - Criminal - Assault
Author: VandeWalle, Gerald

Highlight: A defendant may appeal a municipal court judgment of conviction to the district court, and the appeal must be taken in accordance with the Rules of Criminal Procedure.