Opinions

State v. Klamm 2013 ND 202
Docket No.: 20130163
Filing Date: 11/21/2013
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: A district court judgment entered after a conditional guilty plea to driving under suspension is summarily affirmed under N.D.R.App.P. 35.1(a)(2), (3), and (7).

Davis v. State 2013 ND 201
Docket No.: 20130073
Filing Date: 11/21/2013
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court judgment summarily dismissing an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7).

City of Fargo v. White 2013 ND 200
Docket No.: 20130191
Filing Date: 11/21/2013
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Kapsner, Carol

Highlight: A district court's summary affirmance of a municipal court judgment under N.D.R.Crim.P. 37(l) may not occur at proceedings which occur before the trial anew.

State v. Lattergrass 2013 ND 199
Docket No.: 20130146
Filing Date: 11/21/2013
Case Type: Appeal - Criminal - Assault
Author: Per Curiam

Highlight: A criminal judgment for simple assault on a peace officer is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Peterson v. Pierce, et al. 2013 ND 198
Docket No.: 20130164
Filing Date: 11/21/2013
Case Type: Appeal - Civil - Real Property
Author: Per Curiam

Highlight: In a dispute over a lost rental payment, the judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Lang 2013 ND 197
Docket No.: 20130099
Filing Date: 11/21/2013
Case Type: Appeal - Criminal - Theft
Author: Per Curiam

Highlight: Conviction for theft of property is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Danuser v. IDA Marketing Corp., et al. 2013 ND 196
Docket No.: 20120443
Filing Date: 10/30/2013
Case Type: Appeal - Civil - Other
Author: Maring, Mary

Highlight: A director in a closely-held corporation may be liable to a single shareholder for actions that unfairly prejudice the shareholder.
A district court has broad equitable powers to remedy violations of duties by directors, and the court's determination of remedies is reviewed under the abuse-of-discretion standard.

State v. Evans 2013 ND 195
Docket No.: 20130121
Filing Date: 10/30/2013
Case Type: Appeal - Criminal - Homicide
Author: VandeWalle, Gerald

Highlight: Lay witness testimony, in the form of an opinion, must be rationally based on the perception of the witness and also helpful to the jury's determination of a fact in question.
When a police officer simply relies on information gathered by other officers on which to base his opinion, he is not offering lay opinion testimony as N.D.R.Ev. 701 intends.
The harmless error standard is applied to a lay witness testifying as an expert.

State v. Mossey 2013 ND 194
Docket No.: 20130138
Filing Date: 10/23/2013
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Conviction for class B felony luring a minor by computer is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7).

Hillerson, et al. v. Bismarck Public Schools, et al. 2013 ND 193
Docket No.: 20130101
Filing Date: 10/22/2013
Case Type: Appeal - Civil - Other
Author: VandeWalle, Gerald

Highlight: When reasonable differences of opinion exist as to the terms of a release of liability provision in a contract, the release of liability provision is ambiguous, and summary judgment is not appropriate.
When a release of liability provision is ambiguous, a question of fact exists as to the parties' intent, and extrinsic evidence may be offered to help determine the parties' intent.