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Lindstaedt v. George 2020 ND 262
Docket No.: 20200127
Filing Date: 12/17/2020
Case Type: OTHER (Civil)
Author: Tufte, Jerod E.

Highlight: A district court’s finding of domestic violence is a finding of fact that will not be overturned unless it is clearly erroneous.

We will not reexamine findings of fact made by the trial court upon conflicting evidence, and a choice between two permissible views of the weight of the evidence is not clearly erroneous.

State v. Rodriguez 2020 ND 261
Docket No.: 20200004
Filing Date: 12/17/2020
Case Type: SEXUAL OFFENSE
Author: McEvers, Lisa K. Fair

Highlight: A defendant cannot successfully argue their waiver of the Sixth Amendment right to counsel was not voluntary, knowing, and intelligent when the record demonstrates the defendant’s clear desire to represent himself despite an understanding of the risks therein. To challenge a conviction based on the sufficiency of the evidence on appeal, a defendant must move for a judgment of acquittal under N.D.R.Crim.P. 29 at trial. This Court may not consider whether a district court obviously erred if an appellant fails to argue obvious error on appeal.

Discover Bank v. Hornbacher 2020 ND 260
Docket No.: 20200232
Filing Date: 12/17/2020
Case Type: CONTRACTS
Author: Tufte, Jerod E.

Highlight: A stipulation providing for entry of judgment in an amount certain followed by an agreed payment schedule to avoid execution is sufficient to require a district court to enter judgment according to the stipulation.

Sather v. Sather 2020 ND 259
Docket No.: 20200137
Filing Date: 12/17/2020
Case Type: CHILD CUST & SUPPORT (Div.\Other)
Author: Crothers, Daniel John

Highlight: A divorce judgment is final if the district court adjudicates all claims in the divorce proceeding, and does not reserve disposition of an issue.

A district court errs by adopting the parties’ parenting plan without all of the information in N.D.C.C. § 14-09-30(2) being included or, after considering the best interests of the child as required by N.D.C.C. § 14-09-30(1), providing its own findings regarding the same.

Three Aces Properties v. United Rentals 2020 ND 258
Docket No.: 20200032
Filing Date: 12/17/2020
Case Type: REAL PROPERTY
Author: Crothers, Daniel John

Highlight: Cost of repairs or diminution of value are both appropriate measure of damages for a breach of contract claim related to a duty to repair under a lease.

Everett v. State 2020 ND 257
Docket No.: 20200099
Filing Date: 12/17/2020
Case Type: POST-CONVICTION RELIEF
Author: Tufte, Jerod E.

Highlight: Orders denying leave to file are not appealable.

Curtiss v. State 2020 ND 256
Docket No.: 20200175
Filing Date: 12/17/2020
Case Type: OTHER (Civil)
Author: Jensen, Jon J.

Highlight: Any attempt to avoid, defeat or evade a judgment, or to deny its force and effect, in some incidental proceeding not provided for by law, with the express purpose of obtaining relief from that judgment is a collateral attack.

The Uniform Postconviction Procedure Act is the exclusive remedy for collaterally challenging the judgment of a conviction.

State v. Bolme 2020 ND 255
Docket No.: 20200090
Filing Date: 12/17/2020
Case Type: DRUGS/CONTRABAND
Author: Jensen, Jon J.

Highlight: Under the reasonable suspicion standard, an officer is not required to see a motorist violating a traffic law or rule out every potential innocent excuse for the behavior in question before stopping a vehicle for investigation.

The mere odor of marijuana, detected by a trained and experienced officer, creates a sufficient factual basis to establish probable cause.

Rentz v. BNSF Railway Co. 2020 ND 254
Docket No.: 20200074
Filing Date: 12/17/2020
Case Type: PERSONAL INJURY
Author: Jensen, Jon J.

Highlight: Rule 615, N.D.R.Ev., serves the twin purposes of (1) preventing one witness’ testimony from influencing the testimony of other witnesses; and (2) aiding in detecting false testimony and credibility issues.

The designation of a trial representative pursuant to Rule 615, N.D.R.Ev., is not equivalent to the designation of an organization representative for purpose of deposition testimony as required by Rule 30(b)(6), N.D.R.Civ.P.

A lay witness may testify to a matter to which they have personal knowledge.

The decision to grant or deny a new trial rests within the sound discretion of the trial court, and its decision will not be set aside on appeal absent an affirmative showing of a manifest abuse of discretion.

Pursuant to the “harmless error” rule, Rule 61, N.D.R.Civ.P., only errors or defects which affect substantial rights of the parties will warrant a new trial.

Kuntz v. Leiss, et al. 2020 ND 253
Docket No.: 20200119
Filing Date: 12/17/2020
Case Type: REAL PROPERTY
Author: VandeWalle, Gerald W.

Highlight: A property owner must prove actual injury to recover more than nominal damages on a trespass claim.

Failure to award nominal damages does not warrant reversal of a judgment unless a significant right or a question of costs is involved.

Pursuant to N.D.C.C. § 32-03.2-11, a party must move to amend the pleadings to claim exemplary damages.

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