Opinions

Capps, et al. v. Weflen, et al. (cross-ref. w/20120184) 2014 ND 201
Docket No.: 20140110
Filing Date: 10/31/2014
Case Type: Appeal - Civil - Real Property
Author: Sandstrom, Dale

Highlight: Under the abandoned mineral statutes, a surface owner is required to conduct a reasonable inquiry only if the mineral owner's address does not appear of record, even if the surface owner knows the mineral owner whose address appears of record is deceased.
The notice provisions of the abandoned mineral statutes are constitutional under the due process clause.

Northstar Founders, LLC v. Hayden Capital USA, LLC, et al. 2014 ND 200
Docket No.: 20130245
Filing Date: 10/31/2014
Case Type: Appeal - Civil - Contracts
Author: Sandstrom, Dale

Highlight: The district court has personal jurisdiction over a nonresident defendant if the nonresident defendant committed a tort within or outside the state causing injury to another person or property within the state and the exercise of personal jurisdiction comports with due process.
The exercise of personal jurisdiction over a nonresident defendant comports with due process if the defendant purposely directed his activities at residents of the state and the litigation results from alleged injuries arising out of or related to those activities.
Whether a contract is ambiguous is a question of law, but if the contract is ambiguous, extrinsic evidence may be considered to determine the parties' intent and the interpretation becomes a question of fact.
A third party may benefit from a contractual arrangement between others, but a party fails to establish an unjust enrichment claim against the third party if the alleged impoverishment results from a valid contractual arrangement.
A decision is final for purposes of collateral estoppel if it is not tentative, provisional, or contingent and represents the completion of all steps in the adjudication of the claim by the court.

Wilson v. Wilson 2014 ND 199
Docket No.: 20140037
Filing Date: 10/28/2014
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: The district court may order past child support covering a period when the parties are separated but divorce proceedings are not pending.
The district court may, but is not required to, apply the child support guidelines to determine the reasonable amount of past child support to order a party pay as reimbursement for a period when there is not a court order for support and a proceeding is not pending.
A child support obligor's military subsistence payments, including amounts for overseas cost of living and housing allowances, are gross income for child support purposes.

State v. Schneider 2014 ND 198
Docket No.: 20140153
Filing Date: 10/28/2014
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Crothers, Daniel John

Highlight: A law enforcement officer's following with flashing lights a moving vehicle constitutes a pursuit, which constitutes a seizure under the Fourth Amendment. No seizure occurs if the defendant does not move his vehicle and the officer does not pursue him with flashing lights.

MKB Management Corp, et al. v. Burdick, et al. 2014 ND 197
Docket No.: 20130259
Filing Date: 10/28/2014
Case Type: Appeal - Civil - Constitutional Law
Author: Per Curiam

Highlight: The concurrence of four of the five justices of the North Dakota Supreme Court is necessary to declare a statute unconstitutional.
H.B. 1297, relating to the regulation of abortions, is not declared unconstitutional by a sufficient majority.

Interest of J.A.H. (Consolidated w/20140146) 2014 ND 196
Docket No.: 20140145
Filing Date: 10/28/2014
Case Type: Appeal - Civil - Juvenile Law
Author: Per Curiam

Highlight: When a juvenile court provides insufficient findings to review, jurisdiction may be retained under N.D.R.App.P. 35(a)(3) and the case remanded with instructions that the juvenile court make expedited findings of fact.

State v. Fetch 2014 ND 195
Docket No.: 20140129
Filing Date: 10/28/2014
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Kapsner, Carol

Highlight: A driver who has refused a chemical test but later changes his mind and consents to the test can cure the prior refusal.
Consent to a chemical test is not coerced and is not rendered involuntary merely by a law enforcement officer's reading of the implied consent advisory that accurately informs the arrestee of the consequences for refusal, including the criminal penalty, and presents the arrestee with a choice.

Interest of G.L.D. (CONFIDENTIAL) (cross-reference w/20100230 & 20120175) 2014 ND 194
Docket No.: 20140034
Filing Date: 10/28/2014
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: VandeWalle, Gerald

Highlight: In proceedings for commitment of a sexually dangerous individual, the committed individual has a right to obtain individually identifiable health information and any confidential records provided to the state's attorney.
A district court has broad discretion regarding the scope of discovery in a civil proceeding, and its discovery decision will not be reversed on appeal absent an abuse of discretion.

State v. Patterson 2014 ND 193
Docket No.: 20140048
Filing Date: 10/28/2014
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Crothers, Daniel John

Highlight: While a prosecutor's improper suggestions, insinuations, and, especially, assertions of personal knowledge are apt to carry much weight against the accused when they should properly carry none, inappropriate prosecutorial comments, standing alone, would not justify a reviewing court to reverse a criminal conviction obtained in an otherwise fair proceeding.
When a district court's curative instructions, the weight of the other evidence against the defendant, and overall lack of substantial prejudice show a lack of an adverse effect on a defendant's right to a fair trial, reversal under the obvious error doctrine is not warranted.

Desert Partners IV, L.P., et al. v. Benson, et al. 2014 ND 192
Docket No.: 20140066
Filing Date: 10/28/2014
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: McEvers, Lisa K. Fair

Highlight: The N.D. Rules of Court are ambiguous as to whether facsimile transmission is an acceptable method of filing for self-represented litigants.
A district court violates N.D.R.Ct. 3.2 when it holds a mandatory hearing requested under N.D.R.Ct. 3.2(a)(3) without giving parties notice of the hearing.