Opinions

Judicial Redistricting (consol. w/ 20130221) 2013 ND 135
Docket No.: 20130153
Filing Date: 7/18/2013
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Counties moved from South Central to Southeast Judicial District and Northwest Judicial District divided into two districts, effective January 1, 2014.

State v. Gipp 2013 ND 134
Docket No.: 20120412
Filing Date: 7/18/2013
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: VandeWalle, Gerald

Highlight: Evidence not relevant to the proceeding is not admissible.

Investors Title Ins. Co. v. Herzig, et al. (Cons. w/20130050) 2013 ND 133
Docket No.: 20130049
Filing Date: 7/18/2013
Case Type: Appeal - Civil - Contracts
Author: Maring, Mary

Highlight: The law of the case doctrine applies when an appellate court has decided a legal question and remanded to the district court for further proceedings. A party cannot on a second appeal relitigate issues which were resolved in the first appeal or which would have been resolved had they been properly presented in the first appeal.
The mandate rule, a more specific application of law of the case, requires the district court to follow pronouncements of an appellate court on legal issues in subsequent proceedings of the case.

Interest of N.C.M., D.C.M., and J.J.M. 2013 ND 132
Docket No.: 20120266
Filing Date: 7/18/2013
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

Yellowbird v. N.D. Dep't of Transportation 2013 ND 131
Docket No.: 20130082
Filing Date: 7/18/2013
Case Type: Appeal - Administrative - Department of Transportation
Author: Kapsner, Carol

Highlight: An officer must be certified as a chemical test operator to administer an on-site screening test, but an officer need not be certified to request a driver to submit to the test.

State v. Dieterle 2013 ND 130
Docket No.: 20120372
Filing Date: 7/18/2013
Case Type: Appeal - Criminal - Assault
Author: Crothers, Daniel John

Highlight: Error under N.D.R.Ev. 404(b) is harmless when ample evidence exists to support a conviction independent of the evidence of the prior bad acts.

Estate of Bartelson (cross reference with 20110114) 2013 ND 129
Docket No.: 20130022
Filing Date: 7/18/2013
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Crothers, Daniel John

Highlight: An interested person, which includes a child of the decedent, is entitled to a hearing on a petition to remove the personal representative of an estate.

Johnson v. Mark, et al. 2013 ND 128
Docket No.: 20120343
Filing Date: 7/18/2013
Case Type: Appeal - Civil - Real Property
Author: Sandstrom, Dale

Highlight: An unpled affirmative defense may be tried by the express or implied consent of the parties.
A continuance is the proper remedy for a party claiming surprise.
Abandonment is a finding of fact.
An agreement need not specifically state time is of the essence if the terms unambiguously manifest an intent that time is of the essence for the agreement.
A party to a written contract for the sale of land may waive rights by parol, and the contract may be annulled and abandoned and extinguished by parol.
In an action to cancel a contract for deed, the period of redemption, if any, is left to the court's sound discretion.

Ramsey v. State (cross reference w/ 20040035) 2013 ND 127
Docket No.: 20120407
Filing Date: 7/18/2013
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Maring, Mary

Highlight: A post-conviction application based on newly discovered evidence is treated as a motion for a new trial, and the trial court's denial of post-conviction relief based on newly discovered evidence will be sustained unless the trial court abused its discretion.
Recantation evidence is looked on with suspicion and disfavor, especially in child sexual abuse cases.

State v. Wacht 2013 ND 126
Docket No.: 20120320
Filing Date: 7/18/2013
Case Type: Appeal - Criminal - Homicide
Author: VandeWalle, Gerald

Highlight: Probable cause is the sum total of layers of information, not weighed in individual layers, but in the laminated total.
To assess the reliability of information given by a citizen informant, courts must look to the nature of their report, their opportunity to observe the matters reported, and the extent to which it can be verified by independent investigation.
Actions in furtherance of the criminal activity charged are not other acts, crimes or wrongs and are not excluded by N.D.R.Ev. 404(b).