Opinions

State v. Bear 2015 ND 36
Docket No.: 20140253
Filing Date: 2/12/2015
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Kapsner, Carol

Highlight: To successfully challenge the sufficiency of the evidence on appeal, the defendant must show the evidence, when viewed in the light most favorable to the verdict, permits no reasonable inference of guilt.
So long as the prosecutor has probable cause to believe the accused committed an offense defined by statute, the decision whether to prosecute generally rests entirely in the prosecutor's discretion.

Peltier v. State 2015 ND 35
Docket No.: 20140178
Filing Date: 2/12/2015
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Kapsner, Carol

Highlight: When a court has accepted a guilty plea and imposed a sentence, the defendant cannot withdraw the plea unless withdrawal is necessary to correct a manifest injustice.
While laches is ordinarily a question of fact which is inappropriate for summary judgment, the issue becomes one of law if the evidence is such that reasonable minds could draw but one conclusion.

Steinbach v. State 2015 ND 34
Docket No.: 20140069
Filing Date: 2/12/2015
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Kapsner, Carol

Highlight: Evidence of other acts or crimes the defendant committed are excluded under N.D.R.Ev. 404(b) only when the acts or crimes are independent of the charged crime and do not fit into the rule's exceptions.
When a prosecutor makes improper comments about the evidence or the witnesses' credibility during a trial, the trial court's instruction to a jury that they have the duty to weigh the evidence and determine the witnesses' credibility may minimize any prejudice caused by a prosecutor's comments.

City of Harwood, et al. v. The City of Reiles Acres,et al.(cross-ref w/20130309) 2015 ND 33
Docket No.: 20140089
Filing Date: 2/12/2015
Case Type: Appeal - Civil - Real Property
Author: Sandstrom, Dale

Highlight: A district court has subject matter jurisdiction to construe a contract in a declaratory judgment action and to consider partition claims.
A contractual obligation may be discharged for frustration of purpose when after a contract is executed, a party's principal purpose is substantially frustrated without fault by the occurrence of an event the non-occurrence of which was a basic assumption on which the contract was made.
Partition is a matter of right between cotenants, and a district court has wide discretion in partition actions to equitably divide property or proceeds between the parties.

Runge v. Disciplinary Board 2015 ND 32
Docket No.: 20140135
Filing Date: 2/12/2015
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: A violation of the rules of professional conduct must be established by clear and convincing evidence.
A lawyer representing a client with questionable capacity is generally given a range of professional judgment to ascertain capacity.

State v. Glaser 2015 ND 31
Docket No.: 20140174
Filing Date: 2/12/2015
Case Type: Appeal - Criminal - Misc. Felony
Author: Kapsner, Carol

Highlight: When a statutory definition is limited by prefatory language such as "in this title" or "for the purposes of this title," there is an expressly evidenced intent that the definition have no application beyond that act.
The word "may" in a statute is merely permissive, does not require action, and operates simply to confer discretion.
A trial court may conclude a factual basis for a guilty plea exists from anything that appears on the record.

Waslaski v. State 2015 ND 30
Docket No.: 20140245
Filing Date: 2/12/2015
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: District court judgment denying post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Apland 2015 ND 29
Docket No.: 20140150
Filing Date: 2/12/2015
Case Type: Appeal - Criminal - Drugs/Contraband
Author: VandeWalle, Gerald

Highlight: A factual challenge made against evidence obtained through an alleged unconstitutional warrantless search, which establishes probable cause in an affidavit used to secure a search warrant, may be considered at an evidentiary hearing.
A district court may consider information outside the four corners of the affidavit only when a defendant presents specific challenges to the facts in an affidavit.

Mackey v. State (cross-ref. w/20120119, 20100337) 2015 ND 28
Docket No.: 20140181
Filing Date: 2/12/2015
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: District court orders denying application for post-conviction relief and denying motion to reopen judgment are summarily affirmed under N.D.R.App.P. 35.1(a)(2), (4), and (7).

State v. Beylund 2015 ND 27
Docket No.: 20140105
Filing Date: 2/12/2015
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: Conviction for driving under the influence of alcohol is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).