Opinions

Romero v. State (cross-reference w/20110337) 2015 ND 46
Docket No.: 20140287
Filing Date: 3/3/2015
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Crothers, Daniel John

Highlight: A district court judgment denying an application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Harns 2015 ND 45
Docket No.: 20140236
Filing Date: 2/25/2015
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: Driving under the influence conviction is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Royal Jewelers, Inc., et al. v. Light, et al. 2015 ND 44
Docket No.: 20140125
Filing Date: 2/20/2015
Case Type: Appeal - Civil - Debtor/Creditor
Author: Crothers, Daniel John

Highlight: Payment must be applied in the manner directed by the debtor if a debtor manifests an intention or desire to apply a payment to one of two or more obligations to a creditor.
A district court's finding about a debtor's manifestation of intent for application of payment to one of two or more obligations is reviewed under the clearly erroneous rule.
A district court's finding about equitable estoppel is reviewed under the clearly erroneous rule.

State v. Gasal 2015 ND 43
Docket No.: 20140147
Filing Date: 2/12/2015
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Crothers, Daniel John

Highlight: Violations of the ministerial aspects of N.D.R.Crim.P. 41 relating to search warrants seldom result in the suppression of evidence unless there is a showing of prejudice, or an intentional or deliberate disregard of the rule.
N.D.R.Crim.P.36 regarding clerical errors, analyzes the ability of a district court to correct its own mistakes and does not apply in search warrant cases.

Seay v. Seay (cross-reference w/20110332) 2015 ND 42
Docket No.: 20140312
Filing Date: 2/12/2015
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: A district court's decision on whether to modify primary residential responsibility is a finding of fact subject to the clearly erroneous standard of review.
If a court determines a material change of circumstances has occurred, it must analyze the best interest factors outlined in N.D.C.C. 14-09-06.2 before denying a motion to modify primary residential responsibility.

State v. White Bird (cross-reference w/ 20130381) 2015 ND 41
Docket No.: 20130402
Filing Date: 2/12/2015
Case Type: Appeal - Criminal - Misc. Felony
Author: Sandstrom, Dale

Highlight: The corollary to a criminal defendant's constitutional right to counsel is a defendant's right to self-representation. To represent oneself, a criminal defendant must voluntarily, knowingly, and intelligently waive the right to counsel.
A district court has a continuing responsibility during trial to decide whether a self-represented defendant is competent to present his or her own defense. To ensure the defendant is afforded a fair trial, a district court can appoint counsel for the defendant during trial if the court determines the defendant is no longer competent to present his or her own defense.
A party may not challenge as error a ruling or other trial proceeding invited by that party.

State v. Eckroth 2015 ND 40
Docket No.: 20140136
Filing Date: 2/12/2015
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Sandstrom, Dale

Highlight: A DUI conviction cannot be used to enhance the penalty of a subsequent DUI conviction when there is no proof that the defendant waived his right to counsel before pleading guilty to the earlier DUI charge.
When a defendant pleads guilty to an enhanced offense, the defendant waives all violations of constitutional rights alleged to have occurred before the guilty plea was entered.
Failure to preserve an objection precludes a later assertion of error unless a defendant establishes obvious error affecting the defendant's substantial rights. Obvious error is recognized only with extreme caution.

Sterling Development Group Three, LLC, et al. v. Carlson 2015 ND 39
Docket No.: 20140188
Filing Date: 2/12/2015
Case Type: Appeal - Civil - Landlord/Tenant
Author: Sandstrom, Dale

Highlight: A guarantor is exonerated from liability if the creditor alters the principal's obligation in any respect without the guarantor's consent.
An award of costs and disbursements will be reversed only if the district court abused its discretion.

Hoverson v. Hoverson (cross-ref. w/20120281) 2015 ND 38
Docket No.: 20140198
Filing Date: 2/12/2015
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: A party seeking modification of spousal support must show a material change in financial circumstances warranting modification, which is a change that substantially affects the financial abilities or needs of the parties and that was not contemplated at the time of the original decree.
A party seeking modification of parenting time must demonstrate a material change in circumstances and that modification is in the best interests of the child.
A party who voluntarily pays a judgment waives the right to appeal from the judgment.

Nandan, LLP, et al. v. City of Fargo 2015 ND 37
Docket No.: 20140121
Filing Date: 2/12/2015
Case Type: Appeal - Civil - Tax Realted
Author: McEvers, Lisa K. Fair

Highlight: In reviewing a judgment dismissing a complaint for failure to state a claim, the complaint is construed in the light most favorable to the plaintiff and accept as true the allegations in the complaint.
A complaint should not be dismissed for failing to state a claim unless it is disclosed with certainty the impossibility of proving a claim upon which relief can be granted.