Opinions

State v. Grant 2013 ND 88
Docket No.: 20120391
Filing Date: 6/19/2013
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: A district court criminal judgment and sentence for contact by bodily fluids is affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Gray v. State 2013 ND 87
Docket No.: 20130064
Filing Date: 6/19/2013
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court order denying postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and N.D.R.App.P. 35.1(a)(4).

Chambering of Judgeship No. 11 in the Northwest Judicial District 2013 ND 86
Docket No.: 20130135
Filing Date: 6/4/2013
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: New judgeship to be chambered in Watford City.

Matthew Larson Trust Agreement 2013 ND 85
Docket No.: 20120319
Filing Date: 5/28/2013
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Crothers, Daniel John

Highlight: A trust may be reformed when there is clear and convincing evidence that both the settlor's intent and the terms of the trust were affected by a mistake of fact or law, whether in expression or inducement.
A mistake in the inducement occurs when the terms of the trust accurately reflect what the settlor intended to be included or excluded but this intention was based on a mistake of fact or law.

Disciplinary Board v. Triplett 2013 ND 84
Docket No.: 20130005
Filing Date: 5/23/2013
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer reprimanded.

Olson, et al. v. Estate of Rustad 2013 ND 83
Docket No.: 20120318
Filing Date: 5/20/2013
Case Type: Appeal - Civil - Personal Injury
Author: VandeWalle, Gerald

Highlight: A wrongful death action accrues at the time of the death of the party injured while a survival action accrues at the time the deceased was first injured.
A wrongful death action and a survival action which sound in tort are claims subject to the nonclaim provisions of the Probate Code.
A personal representative need not give actual notice by mail of the notice to creditors to those with mere conjectural claims.
The Probate Code nonclaim statute does not divest a court of jurisdiction over untimely filed claims.
A nonclaim statute, by definition, is a law that sets a time limit for creditors to bring claims against a decedent's estate, and unlike a statute of limitations, a nonclaim statute is usually not subject to tolling and is not waivable.
The nonclaim statute under the Probate Code cannot be tolled during a person's minority.
Interpretation of an insurance contract is a question of law fully reviewable on appeal, and the Supreme Court independently examines and construes the insurance contract to determine coverage.

Chambering of Judgeship No. 10 in the Northwest Judicial District 2013 ND 82
Docket No.: 20130134
Filing Date: 5/17/2013
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: New judgeship to be chambered in Williston.

Chambering of Judgeship No. 9 in the East Central Judicial District 2013 ND 81
Docket No.: 20130132
Filing Date: 5/16/2013
Case Type: Judicial Administration - Rule - Rule
Author:

Highlight: New judgeship to be chambered in Fargo.

Maddock, et al. v. Andersen, et al. 2013 ND 80
Docket No.: 20120271
Filing Date: 5/14/2013
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Sandstrom, Dale

Highlight: Violation of the reasonable use rule cannot be established where the source of surface water drainage cannot be conclusively shown.

State v. Estrada 2013 ND 79
Docket No.: 20120270
Filing Date: 5/14/2013
Case Type: Appeal - Criminal - Assault
Author: Sandstrom, Dale

Highlight: A modified self-defense jury instruction if, when considered with all jury instructions given as a whole, adequately informs the jury of the applicable law is not obvious error.