Opinions

State v. Washburn 2015 ND 8
Docket No.: 20140154
Filing Date: 1/15/2015
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: An order dismissing a criminal prosecution for refusing to submit to a chemical test for intoxication is summarily reversed under N.D.R.App.P. 35.1(b).

Johnson v. State 2015 ND 7
Docket No.: 20140191
Filing Date: 1/15/2015
Case Type: Appeal - Civil - Post-Conviction Relief
Author: McEvers, Lisa K. Fair

Highlight: A petitioner must provide evidentiary support that the petitioner was innocent to satisfy the newly discovered evidence exception to the two-year time limit for applying for post-conviction relief.

State v. Birchfield 2015 ND 6
Docket No.: 20140109
Filing Date: 1/15/2015
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Ratchenski v. Lindell, et al. 2015 ND 5
Docket No.: 20140180
Filing Date: 1/15/2015
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: Order denying parent's motion for parenting time summarily .affirmed under N.D.R.App.P. 35.1(a)(7).

State v. Evans 2015 ND 4
Docket No.: 20140218
Filing Date: 1/15/2015
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Criminal judgment for possession of drug paraphernalia is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7).

Interest of M.S. (CONFIDENTIAL) (cross-ref w/ 20140304) 2015 ND 3
Docket No.: 20140435
Filing Date: 1/15/2015
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

Highlight: Order modifying an alternate treatment order is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Interest of E.L. (CONFIDENTIAL) 2015 ND 2
Docket No.: 20140462
Filing Date: 1/15/2015
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

Highlight: A district court order for involuntary treatment with medication is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Brossart (CONSOLIDATED W/ 20140027) 2015 ND 1
Docket No.: 20140024
Filing Date: 1/12/2015
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: McEvers, Lisa K. Fair

Highlight: The First Amendment precludes states from enacting laws "abridging the freedom of speech," but not all speech is protected, and speech that is a "true threat" may be restricted.
Whether speech constitutes a "threat" is a question of fact for the jury.
An estray is an animal escaped away from the control of its owner, with no knowledge of the animal's location.
A person is required to notify the sheriff or chief brand inspector when the person takes possession of an estray and does not know who owns the estray.
Whether an officer used excessive force in arresting a defendant is a question of fact, and a defendant may raise the issue to the jury and offer his resistance as a justification defense to a preventing-arrest charge.

Guardianship and Conservatorship of J.G.S. 2014 ND 239
Docket No.: 20140017
Filing Date: 12/30/2014
Case Type: Appeal - Civil - Guardian/Conservator
Author: Kapsner, Carol

Highlight: A conservatorship is designed to protect the property of a person who is under disability and, as such, unable to maintain his or her property.
Under the conservatorship statutes, for the district court to acquire personal jurisdiction over the person to be protected on a petition for appointment of a conservator, the person to be protected must be personally served with notice of the proceeding at least fourteen days before the date of hearing.
This Court applies the clearly erroneous standard of review to the district court's findings of fact in a proceeding to establish a conservatorship.

Chornuk, et al. v. Nelson, et al. (cross-ref. w/20120071) 2014 ND 238
Docket No.: 20140124
Filing Date: 12/22/2014
Case Type: Appeal - Civil - Real Property
Author: Crothers, Daniel John

Highlight: A party who pays a judgment against him under coercion or duress does not waive the right to appeal from the judgment.
An unrecorded deed is void against any subsequent purchaser in good faith.
A good-faith purchaser must acquire rights without actual or constructive notice of another's rights.
A person who has actual notice of circumstances sufficient to put a prudent person upon inquiry as to a particular fact and who omits to make such inquiry with reasonable diligence is deemed to have constructive notice of the fact itself.