Opinions

Freidig, et al. v. Weed, et al. 2015 ND 215
Docket No.: 20140387
Filing Date: 8/25/2015
Case Type: Appeal - Civil - Real Property
Author: Kapsner, Carol

Highlight: A warranty deed that does not express the parties' intent may be reformed on the ground of mutual mistake.
Issues not raised in the district court will not be considered for the first time on appeal.

Gabaldon-Cochran v. Cochran 2015 ND 214
Docket No.: 20140338
Filing Date: 8/25/2015
Case Type: Appeal - Civil - Divorce - Property
Author: Crothers, Daniel John

Highlight: Distribution of marital property does not need to be equal, but the distribution must be equitable and a substantial disparity must be explained.
A court may unequally divide the marital estate in a short-term marriage and award the parties what each brought into the marriage.
A court may order one party to pay a cash payment to another party as part of the property distribution in any divorce case so long as the distribution is equitable.

State v. Weinmann (consolidated w/ 20140440) 2015 ND 213
Docket No.: 20140432
Filing Date: 8/25/2015
Case Type: Appeal - Criminal - Drugs/Contraband
Author: VandeWalle, Gerald

Highlight: The reliability of informants within the criminal milieu must be established.

State v. Rufus 2015 ND 212
Docket No.: 20140378
Filing Date: 8/25/2015
Case Type: Appeal - Criminal - Sexual Offense
Author: McEvers, Lisa K. Fair

Highlight: The word "obtain," in the context of the human trafficking statute, encompasses acquiring temporary custody of a person for the purpose of engaging in commercial sex acts with that person.
A court may not stray from the classification the legislative assembly set for violation of a statute.

State v. Pogue 2015 ND 211
Docket No.: 20140355
Filing Date: 8/25/2015
Case Type: Appeal - Criminal - Drugs/Contraband
Author: McEvers, Lisa K. Fair

Highlight: A motion to reconsider does not toll the time for filing a notice of appeal from an order suppressing evidence in a criminal matter.
Under the inventory search exception to the warrant requirement, the State has the burden to show law enforcement's reasons for impounding a vehicle are not only for an investigative function.
Under the good-faith exception to the exclusionary rule, good faith is a finding of fact.

Winter v. Solheim, et al. 2015 ND 210
Docket No.: 20140458
Filing Date: 8/25/2015
Case Type: Original Proceeding - Civil - Writ of Certiorari
Author: VandeWalle, Gerald

Highlight: If a small claims court has jurisdiction over the parties and subject matter of an action, a writ of certiorari may not be used to review an alleged erroneous decision by the small claims court.

Olson, et al. v. Alerus Financial Corp., et al. 2015 ND 209
Docket No.: 20150009
Filing Date: 8/25/2015
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Crothers, Daniel John

Highlight: A real estate agent owes fiduciary duties to a client, and the legislature intended to create a private remedy to enforce violations of those duties.

State v. Zacher 2015 ND 208
Docket No.: 20150001
Filing Date: 8/25/2015
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Sandstrom, Dale

Highlight: Plain view is a recognized exception to the search warrant requirement, allowing law enforcement officers to seize a clearly incriminating object without a warrant if the officers are lawfully in a position from which they can view an object and the object's incriminating character is immediately apparent.

Matter of J.G. (CONFIDENTIAL)(cross-reference w/20100366 & 20120199) 2015 ND 207
Docket No.: 20140448
Filing Date: 8/25/2015
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: VandeWalle, Gerald

Highlight: The least restrictive treatment available for a sexually dangerous individual is initially made by the executive director of the department of human services, but the individual may challenge continued commitment if statutory requirements are being violated.

Interest of Whitetail 2015 ND 206
Docket No.: 20140455
Filing Date: 8/25/2015
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Crothers, Daniel John

Highlight: A sexually dangerous individual who is committed is to be placed in the least restrictive available treatment facility or program.
The executive director may petition the court to place a committed individual in the community for treatment on an outpatient basis.