Opinions

State v. Vervalen 2024 ND 124
Docket No.: 20230286
Filing Date: 6/20/2024
Case Type: Appeal - Criminal - Misc. Felony
Author: McEvers, Lisa K. Fair

Highlight: Voluntary intoxication is not a defense to a criminal charge. Evidence of intoxication is admissible whenever it is relevant to negate or to establish an element of the offense charged.

Attempted "intentional" murder is a criminal offense, requiring the State to prove the accused had an intent to kill to be convicted of attempted murder. A party waives an error when the party is given the opportunity to address it and intentionally relinquishes the opportunity.

Kubal v. Anderson 2024 ND 123
Docket No.: 20240007
Filing Date: 6/20/2024
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: The Uniform Child Custody Jurisdiction and Enforcement Act, N.D.C.C. ch. 1414.1, governs cases involving interstate custody disputes. Determination of whether North Dakota is a child's home state under the UCCJEA must be analyzed based on when the proceeding in North Dakota was commenced. Jurisdiction may exist under the UCCJEA despite North Dakota not being a child's home state.

The purpose of the UCCJEA is to promote cooperation between courts of different states and to prevent manipulation of the judicial system and undue complication of child custody disputes. Parties are required to provide the district court with information regarding other proceedings, and the district court is required to review that information.

Stephens v. Lee 2024 ND 122
Docket No.: 20230381
Filing Date: 6/20/2024
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: When determining a parent's motion to relocation a child out of state, a district court must
first determine if the non-relocating parent consented or if an existing order or decree
permits relocation. If neither was met, the court must determine the merits of the relocation
by applying the Stout-Hawkinson factors.

The district court's findings under the Stout-Hawkinson factors and denying the motion to
relocate is summarily affirmed under N.D.R.App.P. 35(a)(2).

The district court's findings on the statutory best interest factors and granting the motion
to change primary residential responsibility is summarily affirmed under N.D.R.App.P.
35(a)(2).

State v. Sargent (consolidated w/20230351) 2024 ND 121
Docket No.: 20230353
Filing Date: 6/6/2024
Case Type: Appeal - Criminal - Misc. Felony
Author: Bahr, Douglas Alan

Highlight: When a law enforcement officer observes a traffic violation the officer may initiate a traffic stop for an investigation.

An officer may extend a traffic stop if the officer has reasonable suspicion of criminal activity.

Probable cause for a driven vehicle extends to a towed vehicle.

State v. Sargent (consolidated w/20230353) 2024 ND 121
Docket No.: 20230351
Filing Date: 6/6/2024
Case Type: Appeal - Criminal - Misc. Felony
Author: Bahr, Douglas Alan

Highlight: When a law enforcement officer observes a traffic violation the officer may initiate a traffic stop for an investigation.

An officer may extend a traffic stop if the officer has reasonable suspicion of criminal activity.

Probable cause for a driven vehicle extends to a towed vehicle.

State v. Goodale 2024 ND 120
Docket No.: 20230373
Filing Date: 6/6/2024
Case Type: Appeal - Criminal - Misc. Felony
Author: Jensen, Jon J.

Highlight: The district court's use of "and" instead of "or," as indicated by statute, was an error
and a misstatement of the law.

Jury instructions that increase the State's burden of proof, requiring them to prove both
subsections (a) and (b) of N.D.C.C. § 12.1-03-01(1), is a harmless error as it is not
prejudicial to the defendant.

A person can be charged with accomplice to extreme indifference murder based on their
conduct surrounding an assault under circumstances manifesting extreme indifference,
which ultimately results in death, even if the victim's death was unintentional and not
contemplated by the accomplice.

An accomplice steps into the shoes of a principal for sentencing. If the principal crime
charged is contemplated under N.D.C.C. § 12.1-32-09.1, an accomplice to the principal
crime can be sentenced under N.D.C.C. § 12.1-32-09.1.

Ward, et al. v. Herbel, et al. 2024 ND 119
Docket No.: 20230140
Filing Date: 6/6/2024
Case Type: Appeal - Civil - Real Property
Author: Jensen, Jon J.

Highlight: The plain language of N.D.C.C. § 32-17-01 requires the existence of an adverse claim. If a person is not claiming an interest in the property and there are no competing adverse claims to adjudicate, there is no basis or statutory standing to sue under chapter 32-17.

This Court adopts the majority rule permitting an attorney representing himself to recover an award of attorney's fees for time and effort spent defending against a frivolous lawsuit.

State v. Massey 2024 ND 118
Docket No.: 20230396
Filing Date: 6/6/2024
Case Type: Appeal - Criminal - Misc. Felony
Author: Jensen, Jon J.

Highlight: When a defendant is charged with gross sexual imposition under N.D.C.C. § 12.1-2003(1)(a) requiring the State prove a defendant touched various parts of the victim's body in a manner constituting a sexual act does not specify a culpability level, the jury is then required to find the actions were willful.

Even if the State makes a "golden rule" argument when the issue has not been preserved for appeal, the defendant still must demonstrate the comments had a prejudicial effect to require reversal under obvious error.

City of Grand Forks v. Riemers 2024 ND 117
Docket No.: 20230366
Filing Date: 6/6/2024
Case Type: Appeal - Criminal - Other
Author: Tufte, Jerod E.

Highlight: After a case is transferred to district court, if a criminal information is filed it is by itself sufficient to initiate prosecution, and the district court does not lack jurisdiction if the information is not served on the defendant.

A city may prosecute disorderly conduct under its own ordinance when the ordinance does not supersede a state statute.

A party may not challenge an error in the jury instruction on appeal when the party waived the issue before the district court.

It is not necessary to state in an information the details of the acts which constitute the crime charged when the essential elements of the crime are set forth sufficiently to enable a person of common understanding to know what is meant or intended. One test of the sufficiency of an information is whether it will protect the accused against a subsequent prosecution for the same offense.

A defendant in a criminal jury trial must move for a judgment of acquittal to preserve the issue of the sufficiency of the evidence for appeal. This Court may decline to review a forfeited error when the appellant fails to argue the obvious error standard.

Idso v. Idso 2024 ND 116
Docket No.: 20230387
Filing Date: 6/6/2024
Case Type: Appeal - Civil - Divorce - Property
Author: Per Curiam

Highlight: An order of contempt of court is summarily affirmed under N.D.R.App.P.35.1(a)(2) and(8).