Opinions

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.

Matter of Carter (CONFIDENTIAL) 2014 ND 183
Docket No.: 20140335
Filing Date: 10/2/2014
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer transferred to incapacitated status.

Crocker, et al. v. Morales-Santana, et al. 2014 ND 182
Docket No.: 20140021
Filing Date: 9/29/2014
Case Type: Appeal - Civil - Personal Injury
Author: Kapsner, Carol

Highlight: A motor carrier may be vicariously liable for the negligence of its statutory employees.
An employer may be liable for an independent contractor's work if the employer retains control over the independent contractor's work.

Rasnic v. ConocoPhillips Co., et al. 2014 ND 181
Docket No.: 20140032
Filing Date: 9/26/2014
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Sandstrom, Dale

Highlight: A mortgage is a contract and is construed under rules of contract interpretation.
Written contracts are construed to give effect to the parties' mutual intentions when the contract was executed, and the parties' mutual intentions must be ascertained from the writing alone, if possible.

State v. Ostby 2014 ND 180
Docket No.: 20130411
Filing Date: 9/23/2014
Case Type: Appeal - Criminal - Drugs/Contraband
Author: McEvers, Lisa K. Fair

Highlight: An order denying a suppression motion is not appealable in itself, but is reviewable in an appeal from the subsequently entered criminal judgment.
Traffic violations, even if pretextual, provide a lawful basis to conduct an investigatory vehicle stop, and evidence discovered during those stops is admissible.
Unless a criminal defendant shows bad faith on the part of law enforcement, failure to preserve potentially useful evidence does not violate the defendant's due process rights.

Golden Eye Resources, LLC v. Ganske, et al. 2014 ND 179
Docket No.: 20130219
Filing Date: 9/23/2014
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Sandstrom, Dale

Highlight: If a party's apparent free consent to a contract has been obtained by fraud, the defrauded party may rescind the contract.
The parol evidence rule does not apply when a party alleges to have been fraudulently induced to enter into a contract, and parol or extrinsic evidence is admissible to prove fraud.
Statements of opinion, sales talk, or puffery do not constitute fraud, but the making of an affirmative statement of fact, known to be untrue, with intent to induce another to enter into a contract is actionable fraud.
The making of a promise with no intention of performing it with intent to induce another to enter into a contract is actual fraud which nullifies free consent to the contract.
Whether a party is entitled to a jury trial in a rescission action depends upon whether it is an action at law or a claim in equity.

Interest of Voisine (cross-ref. w/20090182, 20100163 & 20120325) 2014 ND 178
Docket No.: 20140051
Filing Date: 9/23/2014
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

Highlight: Order denying request for discharge from civil commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2).