Opinions

Rencountre v. State (cross-ref. w/20110157) 2015 ND 62
Docket No.: 20140197
Filing Date: 3/24/2015
Case Type: Appeal - Civil - Post-Conviction Relief
Author: McEvers, Lisa K. Fair

Highlight: Proof of ineffective assistance of counsel based on an attorney's failure to file a pretrial suppression motion requires the defendant prove he would have prevailed on his motion to suppress and that there is a reasonable probability a successful motion would have affected the outcome of the trial.
Proof of ineffective assistance of counsel based on an attorney's failure to request a second mental health examination requires the defendant show that a second evaluation would have benefited him or that the result of the proceedings would have been different if he had received another evaluation.
A party cannot complain about legal errors which are to their benefit, rather than to their prejudice.

State v. Berg (consolidated w/ 20140176) 2015 ND 61
Docket No.: 20140175
Filing Date: 3/24/2015
Case Type: Appeal - Criminal - Sexual Offense
Author: McEvers, Lisa K. Fair

Highlight: A party who voluntarily pleads guilty, knowingly waives a previously raised factual dispute regarding the statute of limitations.

Irwin, et al. v. City of Minot 2015 ND 60
Docket No.: 20140217
Filing Date: 3/24/2015
Case Type: Appeal - Civil - Other
Author: VandeWalle, Gerald

Highlight: A police power taking of property by a public entity in a sudden emergency requires the entity show there was an actual necessity to take the property to prevent the imminent peril.

State v. Booth (consolidated w/20140257 & 20140258) 2015 ND 59
Docket No.: 20140256
Filing Date: 3/24/2015
Case Type: Appeal - Criminal - Drugs/Contraband
Author: McEvers, Lisa K. Fair

Highlight: By voluntarily pleading guilty, a defendant waives any procedural defects in applying a habitual offender sentence enhancement.

Flynn, et al. v. Hurley Enterprises, Inc., et al. 2015 ND 58
Docket No.: 20130426
Filing Date: 3/24/2015
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Crothers, Daniel John

Highlight: In a nuisance action, in balancing the utility of the defendant's conduct against the harm to the plaintiff, the property owner's conduct at issue in the balancing test is the invasive conduct that is alleged to constitute the nuisance, not conduct of the defendant in the community at large unrelated to the challenged conduct.
In a nuisance action, the statute granting immunity to a defendant must be strictly and narrowly construed.

Baker v. Autos, Inc., et al. 2015 ND 57
Docket No.: 20140033
Filing Date: 3/24/2015
Case Type: Appeal - Civil - Other
Author: Kapsner, Carol

Highlight: A district court may permit class certification if the numerosity, commonality, fair and efficient adjudication, and adequate representation factors are met. Thirteen sub-factors are used to help determine the fair and efficient adjudication factor.
Only one question of law or fact is required to establish commonality.
When determining whether the representative parties will fairly and adequately protect the class's interests, the district court must find the representative parties' attorney will adequately represent the class's interests, the representative parties do not have a conflict of interest, and the representative parties have or can acquire adequate financial resources to assure the class's interests will not be harmed.

State v. Eaglechasing 2015 ND 56
Docket No.: 20140336
Filing Date: 3/24/2015
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: A criminal judgment for terrorizing with a dangerous weapon is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Otto v. State 2015 ND 55
Docket No.: 20140400
Filing Date: 3/24/2015
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)(6) and (7).

Myers v. State 2015 ND 54
Docket No.: 20140295
Filing Date: 3/24/2015
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)(2) and (7).

Pederson v. State 2015 ND 53
Docket No.: 20140343
Filing Date: 3/19/2015
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court's dismissal with prejudice of a post-conviction relief application is summarily affirmed under N.D.R.App.P. 35.1(a)(4).