Opinions

State v. Williamson 2024 ND 7
Docket No.: 20230205
Filing Date: 1/10/2024
Case Type: Appeal - Criminal - Sexual Offense
Author: Bahr, Douglas Alan

Highlight: Section 12.1-32-02(2), N.D.C.C., requires a district court include any credit for sentence reductions in the criminal judgment.

State v. Williamson 2024 ND 7
Docket No.: 20230205
Filing Date: 1/10/2024
Case Type: Appeal - Criminal - Sexual Offense
Author: Bahr, Douglas Alan

State v. Salou 2024 ND 6
Docket No.: 20230196
Filing Date: 1/10/2024
Case Type: Appeal - Criminal - Misc. Felony
Author: Tufte, Jerod E.

Highlight: Rule 28(b)(7)(B), N.D.R.App.P., requires an appellant’s brief to have a statement of the applicable standard of review and a citation to the record showing that the issue was preserved for review, or a statement of grounds for seeking review of an issue that was not preserved. A preserved evidentiary issue is reviewed under the abuse of discretion standard, and an unpreserved evidentiary issue is reviewed for obvious error.

There was sufficient evidence for a jury to draw an inference reasonably tending to prove the charged offense.

State v. Gietzen 2024 ND 5
Docket No.: 20230181
Filing Date: 1/10/2024
Case Type: Appeal - Criminal - Misc. Felony
Author: Tufte, Jerod E.

Highlight: The State’s accompanying statement filed with the notice of appeal must explain the relevance of the suppressed evidence and not merely paraphrase the statutory language. But the Court may consider the appeal if the facts clearly demonstrate the relevance of the suppressed evidence.

The scope of a driver’s consent to search a vehicle may or may not extend to all property in the vehicle. Whether a driver’s consent to search a vehicle extends to particular containers within the vehicle may depend on whether the container has identifying markings or characteristics indicating ownership by someone other than the driver.

The State has the burden to prove a person consented to a search. To sustain a finding of consent, the State must show affirmative conduct by the person alleged to have consented that is consistent with the giving of consent, rather than merely showing that the person took no affirmative actions to stop the police from searching.

State v. Gonzalez 2024 ND 4
Docket No.: 20230133
Filing Date: 1/10/2024
Case Type: Appeal - Criminal - Sexual Offense
Author: McEvers, Lisa K. Fair

Highlight: The August 1, 2021 amendment to N.D.C.C. § 12.1-32-07(6) does not apply retroactively.

When an original sentence was entered prior to August 1, 2021, the pre-amendment version of N.D.C.C. § 12.1-32-07(6) limits a district court’s ability to resentence a defendant to no more than the previously imposed, but suspended, sentence.

The pre-amendment version of N.D.C.C. § 12.1-32-07(6) restrains a district court’s discretion to impose consecutive sentences, in cases where the original sentence was imposed before the statute was amended, and the suspended sentence was to run concurrently.

Yalartai v. Miller, et al. 2024 ND 3
Docket No.: 20230159
Filing Date: 1/10/2024
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: An order issued without notice to the parties is not appealable under N.D.C.C. § 28-27-02(7). Relief from an order made without notice must first be sought in the district court.

Larson Latham Huettl v. Vetter 2024 ND 2
Docket No.: 20230113
Filing Date: 1/10/2024
Case Type: Appeal - Civil - Contracts
Author: Tufte, Jerod E.

Highlight: An appeal from a district court judgment entered after a bench trial on a claim for unpaid legal fees and counterclaim is affirmed, and remanded for consideration of attorney’s fees for this appeal.

“If the defendant elects to remove the action from small claims court to district court, the district court shall award attorney’s fees to a prevailing plaintiff.” N.D.C.C. § 27-08.1-04. A party removes a small claims matter to district court at her own peril.

After our decision in Johnson v. Menard, Inc., 2021 ND 19, 955 N.W.2d 27, N.D.C.C. § 27-08.1-04 was amended consistent with that decision to state: “If the defendant appeals a district court judgment to the supreme court, the supreme court shall award reasonable attorney’s fees to the prevailing appellee.”

Although we have concurrent jurisdiction to determine a reasonable award of attorney’s fees on appeal, we prefer the district court take evidence and make such findings in the first instance.

State v. A.J.H. (consolidated w/20230242) 2024 ND 1
Docket No.: 20230241
Filing Date: 1/10/2024
Case Type: Appeal - Criminal - Misc. Felony
Author: McEvers, Lisa K. Fair

Highlight: A district court order transferring the matter to juvenile court is not an order quashing an information providing the State the right to appeal.

Anderson v. Lamm 2023 ND 249
Docket No.: 20230301
Filing Date: 12/28/2023
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: The Court does not issue advisory opinions and will ordinarily dismiss a moot appeal. An appeal is moot when there is no actual controversy left to be determined because events have occurred that make it impossible for the Court to issue relief. There is an exception to the rule against advisory opinions for appeals from district court decisions that continue to have adverse collateral consequences for an appellant. For the collateral consequences exception to apply, there must be a reasonable possibility that collateral consequences will occur. This requires an examination of the specific circumstances of a case.

The issuance of a disorderly conduct restraining order without evidence to support a finding that a respondent engaged in disorderly conduct amounts to an abuse of discretion.

Mead v. Hatzenbeller 2023 ND 248
Docket No.: 20230185
Filing Date: 12/28/2023
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: A temporary restraining order is a type of injunction that is brief in duration and meant to maintain the status quo until the district court can make a determination on the merits of a petition. After a final order has been issued, questions concerning the propriety of earlier temporary injunctive orders are moot.

Disorderly conduct is analyzed in the same manner for both civil and criminal cases because the reasonable grounds for a restraining order are synonymous with probable cause for an arrest. The elements of criminal disorderly conduct by harassment are the same as those required to prove disorderly conduct in the context of a petition for a restraining order.

A petitioner for a disorderly conduct restraining order must prove his case before the district court in a full hearing. Because a restraining order constrains a person’s liberty and entails certain stigma, a respondent has a due process right to a fair hearing, including reasonable notice or opportunity to know of the claims of opposing parties, along with the opportunity to rebut those claims.

The purpose of an appeal is to review the actions of the trial court, not to grant the appellant an opportunity to develop and expound upon new strategies or theories. Issues or contentions not raised in the district court cannot be raised for the first time on appeal.