Opinions

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).

State v. Anderson 2024 ND 115
Docket No.: 20230344
Filing Date: 6/6/2024
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Tufte, Jerod E.

Highlight: During a lawfully-initiated traffic stop, an officer can conduct activities related to traffic enforcement but not absolutely necessary to issuing a traffic ticket. When two officers are on scene and one is performing the mission of the traffic stop and the other is performing an investigation not related to the traffic stop, an unlawful seizure has not occurred, because the second officer's investigation is not delaying the stop.

This Court looks to the totality of the circumstances while applying an objective standard to determine whether reasonable suspicion exists to justify prolonging a traffic stop. Reasonable suspicion is not easily reduced to a methodical set of legal rules, but it does require more than a mere hunch.

State v. Jelinek 2024 ND 114
Docket No.: 20230367
Filing Date: 6/6/2024
Case Type: Appeal - Criminal - Misc. Felony
Author: Jensen, Jon J.

Highlight: A law enforcement officer's approach to a parked vehicle is not a seizure if the officer
inquires of the occupant conversationally, does not order the person to do something,
and does not demand a response.

A defendant's confession was sufficiently corroborated to permit corpus delicti to be
shown through confession.

When a charge that requires prior conviction is dismissed, submission of prior
convictions to a jury constitutes reversible error unless otherwise relevant to some
disputed issue and allowed under Rule 404(b), N.D.R.Ev.

Roth, et al. v. Meyer, et al. 2024 ND 113
Docket No.: 20230310
Filing Date: 7/3/2024
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: A claim of adverse possession must meet every element. For the continuous element, a party must hold the property for 20 years.

Summaries under N.D.R.Ev. 1006 require that supporting documents be admissible but need not be admitted. A summary usually is inadmissible if the supporting documents are inadmissible.

The court must find when conversion began to determine what property, if any, has been converted.

When calculating conversion damages, the court must follow N.D.C.C. § 32-0323. The damages must be based on the wronged party's damages and on market values if a market for the converted property exists.

The material terms of loans in aggregate greater than $25,000 must be in writing.

Roth, et al. v. Meyer, et al. 2024 ND 113
Docket No.: 20230310
Filing Date: 6/6/2024
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: A claim of adverse possession must meet every element. For the continuous element, a party must hold the property for 20 years.

Summaries under N.D.R.Ev. 1006 require that supporting documents be admissible but need not be admitted. A summary usually is inadmissible if the supporting documents are inadmissible.

The court must find when conversion began to determine what property, if any, has been converted.

When calculating conversion damages, the court must follow N.D.C.C. § 32-0323. The damages must be based on the wronged party's damages and on market values if a market for the converted property exists.

The material terms of loans in aggregate greater than $25,000 must be in writing.

Kath v. Prochnow, et al. 2024 ND 112
Docket No.: 20230406
Filing Date: 6/6/2024
Case Type: Appeal - Civil - Personal Injury
Author: Crothers, Daniel John

Highlight: Where the proper remedy is an appeal, the North Dakota Supreme Court generally
will not exercise its supervisory authority.

A petition to intervene initiates a special proceeding where the relief sought is
permission to intervene in an action. District courts have the power to hear and determine
all civil actions and proceedings. Post-judgment intervention may be allowed when an
attempted intervener moves promptly after learning of the entry of judgment within the
time for appeal.

Issues not decided by the district court are generally not ripe for resolution on
appeal. The purpose of an appeal is to review the actions of the district court. Resolution
of issues by the district court before appellate review contributes valuable input to the
process and develops the record for effective review of the decision

Mohammed v. State 2024 ND 111
Docket No.: 20230399
Filing Date: 5/30/2024
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 3501(a)(2).

Ineffective assistance of counsel claims asserting a language barrier are findings of fact that will not be disturbed unless clearly erroneous.

State v. Studhorse 2024 ND 110
Docket No.: 20230247
Filing Date: 5/30/2024
Case Type: Appeal - Criminal - Sexual Offense
Author: Tufte, Jerod E.

Highlight: A district court's discussion, impressing upon a witness that she had a duty to tell the truth, is not obvious error under N.D.R.Ev. 603.
A comment on the defendant's post-arrest silence is an improper comment on the right to remain silent in violation of the Fifth and Fourteenth Amendments of the United States Constitution. But, the error is harmless if the State proves beyond a reasonable doubt that the comments did not contribute to the verdict and the error was harmless.
A non-cognizable offense is created by a logical inconsistency, not a lack of specificity in jury instructions.
A party waives an error when the party is given the opportunity to address it and intentionally relinquishes the opportunity.
Proof beyond a reasonable doubt of a "sexual act" as defined by statute is not satisfied by inference based on one interpretation of a vague term. The count requires a showing of contact between the victim's vulva, not just the victim's "body," and the defendant's mouth. A conviction based on insufficient evidence implicates constitutional due process and clearly affects substantial rights and the fairness, reputation, and integrity of the court system. An obvious error occurs when a defendant is convicted on insufficient evidence.
Under sufficiency of the evidence review, the uncorroborated testimony of a child may be sufficient to sustain a gross sexual imposition conviction.
When the defendant is charged with multiple counts of the same offense, the State has the burden to prove the defendant committed each offense. Each element requires proof of a different fact or element to distinguish the act as a separate punishable act. If a defendant is convicted of multiple counts on the same facts, then the second conviction, even if it results in no greater sentence, is an impermissible punishment. An obvious error occurs when a defendant is convicted of the same crime in two counts.

SCS Carbon Transport v. Malloy, et al. (consol. w/ 20230162-20230176) 2024 ND 109
Docket No.: 20230149
Filing Date: 5/30/2024
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Highlight: Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.

To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.

Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.

The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.