Opinions

Osier v. State 2014 ND 41
Docket No.: 20130226
Filing Date: 3/11/2014
Case Type: Appeal - Civil - Post-Conviction Relief
Author: VandeWalle, Gerald

Highlight: To meet the prejudice prong of the Strickland ineffective assistance of counsel test, the defendant bears the heavy burden of establishing a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different.

Peterson, et al. v. Jasmanka, et al. 2014 ND 40
Docket No.: 20130162
Filing Date: 2/21/2014
Case Type: Appeal - Civil - Real Property
Author: Sandstrom, Dale

Highlight: The statutory procedure in N.D.C.C. ch. 38-18.1 allowing a surface owner to acquire abandoned minerals is a separate, distinct procedure from a subsequent quiet title action.
An alleged error in service of the notice of lapse of mineral interest upon the owner of record under N.D.C.C. 38-18.1-06(2) does not deprive the district court of personal jurisdiction in a subsequent quiet title action.
The one-year time to bring a motion for relief from judgment under N.D.R.Civ.P. 60(b)(1), (2), or (3) begins to run from the notice of entry of judgment if the opposing party appeared, but runs from the date of entry of a default judgment.

Nodak Mutual Insurance Co. v. Bahr-Renner, et al. 2014 ND 39
Docket No.: 20130091
Filing Date: 2/20/2014
Case Type: Appeal - Civil - Personal Injury
Author: Sandstrom, Dale

Highlight: The phrase "resident of your household" in an automobile insurance policy is not ambiguous, and the determination of whether a person falls within the meaning of the phrase is a question of fact.
A restrictive endorsement to an automobile insurance policy containing a step-down provision is not required to be a written agreement.
Step-down provisions that limit coverage to the statutory minimum, without stating the dollar amount of coverage, are valid.

Zavadil, et al. v. Rud, et al. 2014 ND 38
Docket No.: 20130182
Filing Date: 2/18/2014
Case Type: Appeal - Civil - Debtor/Creditor
Author: Crothers, Daniel John

Highlight: An accommodation party is obliged to pay an instrument in the capacity in which the accommodation party signs.

Balvitsch, et al. v. Dakota Burger N Fries Corp., et al. 2014 ND 37
Docket No.: 20130202
Filing Date: 2/18/2014
Case Type: Appeal - Civil - Other
Author: Kapsner, Carol

Highlight: Due process requires a contemnor receive notice and a fair hearing when the alleged contempt involves conduct outside the court's presence.
To meet due process requirements, notice must apprise the contemnor of the pendency of the action and afford an opportunity to present objections.

Tweed v. State 2014 ND 36
Docket No.: 20130246
Filing Date: 2/14/2014
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Appeal from denial of application for post-conviction relief summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Disciplinary Board v. Shaft 2014 ND 35
Docket No.: 20140050
Filing Date: 2/13/2014
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer suspension ordered.

Anderson, et al. v. Zimbelman, et al. 2014 ND 34
Docket No.: 20130207
Filing Date: 2/13/2014
Case Type: Appeal - Civil - Foreclosure
Author: Crothers, Daniel John

Highlight: Constructive fraud requires a breach of duty leading to an advantage for the party misleading. The breach of duty generally arises from a confidential or fiduciary relationship between the parties.
A sheriff may collect sheriff's fees on an execution sale when moneys are received and disbursed by the sheriff. A sheriff may collect a commission on the appraised value of the property if personal property is taken by the sheriff and applied in satisfaction of a debt without sale.
Compromise of a bona fide controversy constitutes good consideration for a promise.
N.D.R.Civ.P. 52(a)(3) does not require the court to state findings or conclusions when ruling on a motion under Rule 56.

Judicial Conduct Commission v. Hagar 2014 ND 33
Docket No.: 20130278
Filing Date: 2/13/2014
Case Type: Discipline - Judge - Original Proceeding
Author: Per Curiam

Highlight: A judge may be suspended without pay for a violation of the Code of Judicial Conduct.

Interest of G.R. (Confidential) 2014 ND 32
Docket No.: 20130376
Filing Date: 2/13/2014
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Kapsner, Carol

Highlight: In termination of parental rights cases, the petitioner must prove, by clear and convincing evidence, that the child is deprived, the conditions and causes of deprivation are likely to continue or will not be remedied, and the child is suffering or will probably suffer serious physical, mental, moral, or emotional harm.
The juvenile court's findings of fact in a termination of parental rights proceeding will not be reversed on appeal unless they are clearly erroneous.