Opinions

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.

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.