Opinions

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.

State v. Everett (Cross-ref.w/20070074, 20080063, 20090244, 20100222, 20100392) 2014 ND 191
Docket No.: 20140102
Filing Date: 10/28/2014
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: An order denying a petition alleging abuse of process and violation of due process in a criminal conviction for gross sexual imposition is summarily affirmed under N.D.R.App.P. 35.1(a)(1), (6) and (7).

State v. Tosseth 2014 ND 190
Docket No.: 20140098
Filing Date: 10/28/2014
Case Type: Appeal - Criminal - Drugs/Contraband
Author: VandeWalle, Gerald

Highlight: A district court denial of a motion to suppress evidence is summarily affirmed under N.D.R.App.P. 35.1(a)(2), (4) and (7).

State v. Tveito 2014 ND 189
Docket No.: 20140075
Filing Date: 10/28/2014
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: A district court denial of a motion to suppress the results of a blood-alcohol test is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Tveito v. N.D. Dep't of Transportation 2014 ND 188
Docket No.: 20140132
Filing Date: 10/28/2014
Case Type: Appeal - Administrative - Department of Transportation
Author: VandeWalle, Gerald

Highlight: A district court judgment affirming a Department of Transportation hearing officer's order suspending driving privileges is summarily affirmed under N.D.R.App.P. 35.1(a)(5), (7).

Ruddell v. State (cross reference with 20120369) 2014 ND 187
Docket No.: 20140073
Filing Date: 10/28/2014
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

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

Pankowski v. State 2014 ND 186
Docket No.: 20140094
Filing Date: 10/28/2014
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).

Hamilton, et al., v. Woll, et al. (cross-ref. w/20120269) 2014 ND 185
Docket No.: 20140011
Filing Date: 10/28/2014
Case Type: Appeal - Civil - Real Property
Author: Per Curiam

Highlight: A judgment construing deeds and quieting title is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Vacancy in Judgeship No. 1, Northeast Central Judicial District (cross ref. 352) 2014 ND 184
Docket No.: 20140310
Filing Date: 10/21/2014
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judgeships retained at Grand Forks.