Opinions

State v. Camperud 2024 ND 103
Docket No.: 20230370
Filing Date: 5/30/2024
Case Type: Appeal - Criminal - Sexual Offense
Author: Crothers, Daniel John

Highlight: The district court should impose the least severe sanction when determining the remedy for the State discovery violation. The level of appropriate sanction depends on the severity of the disclosure violation.

Estate of Almer 2024 ND 102
Docket No.: 20230365
Filing Date: 5/30/2024
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Crothers, Daniel John

Highlight: When interpreting a will the primary objective is to determine the testator's intent. Extrinsic evidence may be considered to resolve an ambiguity. A will is ambiguous if its language is susceptible to more than one reasonable interpretation.

A personal representative is a fiduciary who shall observe the standards of care applicable to trustees. A personal representative may be liable to interested persons for damage or loss resulting from breach of the personal representative's fiduciary duty to the same extent as a trustee of an express trust. Whether a personal representative breached a fiduciary duty is a question of fact.

A personal representative is entitled to receive reasonable attorney fees from an estate when he or she defends or prosecutes any proceeding in good faith, whether successful or not.

In the Matter of Reciprocal Discipline of Julie L. Bruggeman, a Member of the Bar of State of North Dakota 2024 ND 101
Docket No.: 20240111
Filing Date: 5/23/2024
Case Type: Discipline - Attorney - Reciprocal
Author: Per Curiam

State v. Anderson 2024 ND 100
Docket No.: 20230374
Filing Date: 5/16/2024
Case Type: Appeal - Criminal - Homicide
Author: Per Curiam

Highlight: A criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4).

Aune v. State 2024 ND 99
Docket No.: 20230273
Filing Date: 5/16/2024
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Tufte, Jerod E.

Highlight: A district court may dismiss an application without notice to the applicant if it does not rely on information outside the application and considers only materials contained in the application or embraced by the pleadings.

Postconviction relief proceedings are appropriately treated as a continuation of the criminal prosecution for purposes of N.D.C.C. § 29-15-21, and the applicant is not entitled to a new judge when the postconviction judge was also the trial judge.

A demand for a change of judge is not the proper route to remove a judge for bias. Rather, the judge assigned to the case should consider the claim of bias, not another judge.

Peltier v. State (consolidated w/20230391) 2024 ND 98
Docket No.: 20230392
Filing Date: 5/16/2024
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court's order on petitions is summarily affirmed under N.D.R.App.35.1(a)(2).

Armitage v. Armitage 2024 ND 97
Docket No.: 20230368
Filing Date: 5/16/2024
Case Type: Appeal - Civil - Child Support
Author: Bahr, Douglas Alan

Highlight: A district court's decision on primary residential responsibility is a
finding of fact reviewed under the clearly erroneous standard of review.
Under the clearly erroneous standard, this Court on appeal does not
reweigh the evidence nor reassess the credibility of witnesses, and this
Court will not retry a custody case or substitute its judgment for a district
court's initial primary residential responsibility decision merely because
this Court might have reached a different result.
The district court considers the best interests and welfare of the child
when deciding residential responsibility. That includes considering whether
one parent will better promote the welfare and best interests of the child
than the other; however, the analysis is not parent verses parent, or one
proposed parenting plan against the other proposed parenting plan.

State v. Rangel 2024 ND 96
Docket No.: 20230356
Filing Date: 5/16/2024
Case Type: Appeal - Criminal - Misc. Felony
Author: Bahr, Douglas Alan

Highlight: A criminal defendant may withdraw a guilty plea after sentencing
only by demonstrating a manifest injustice.
The defendant has the burden of proving withdrawal is necessary to
correct a manifest injustice.
The district court has discretion in finding whether a manifest
injustice necessitating the withdrawal of a guilty plea exists, and the court's
decision is reviewed for abuse of discretion.

Brown v. State 2024 ND 95
Docket No.: 20230364
Filing Date: 5/16/2024
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Bahr, Douglas Alan

Highlight: The definition of official detention does not preclude custody while on probation.

An unambiguous sentence pronouncement controls over an ambiguous sentence, whether oral or written.

When there is an ambiguity between two sentences, the record must be examined to determine the district court's intent.

Jung v. State 2024 ND 94
Docket No.: 20240031
Filing Date: 5/16/2024
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Bahr, Douglas Alan

Highlight: To succeed on a claim for ineffective assistance of counsel, the applicant must show: (1) counsel's representation fell below an objective standard of reasonableness, and (2) there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different.
When a defendant pleads guilty on the advice of counsel, the defendant may only attack the voluntary and intelligent character of the guilty plea.