Opinions

State v. Glaum 2024 ND 47
Docket No.: 20230190
Filing Date: 3/18/2024
Case Type: Appeal - Criminal - Sexual Offense
Author: McEvers, Lisa K. Fair

Highlight: A district court’s order denying a defendant’s withdrawal of guilty pleas is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

When the record on direct appeal is inadequate to determine whether the defendant received ineffective assistance of counsel, the defendant may pursue the ineffectiveness claim at a postconviction proceeding where an adequate record can be made.

A defendant reserves the right to appeal non-jurisdictional claims and defenses when the defendant enters a conditional plea of guilty under N.D.R.Crim.P. 11(a)(2).

A district court’s decision on a motion for recusal alleging bias is reviewed under the abuse of discretion standard.

A criminal defendant’s right to a speedy trial is guaranteed by the Sixth Amendment to the United States Constitution and by N.D. Const. art. I, § 12. A four-factor balancing test is used to evaluate the validity of a speedy trial claim: length of the delay, reason for the delay, proper assertion of the right, and actual prejudice to the accused.

The abuse of discretion standard applies to a district court’s decision to deny a continuance and allow an information to be amended.

When a party fails to provide supporting argument for an issue he is deemed to have waived that issue. Arguments not adequately articulated, supported, and briefed are not considered on appeal.

Petro-Hunt v. Tank, et al. 2024 ND 46
Docket No.: 20230015
Filing Date: 3/18/2024
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Bahr, Douglas Alan

Highlight: Assignments and deeds are interpreted in the same manner as contracts, with the primary purpose to ascertain and effectuate the parties’ or grantor’s intent.

The primary objective in interpreting a statute is to determine the intent of the legislation.

The right to an accounting in all cases is a preliminary question which must be answered in the affirmative before the actual accounting is ordered. The party claiming the relief has the burden of proving its right to the accounting. If not so proved, there is no right to an accounting and the cause is to be dismissed.

Vacancy in Judgeship No. 3, SCJD 2024 ND 45
Docket No.: 20240006
Filing Date: 3/7/2024
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judgeship retained at Washburn.

Meuchel v. Red Trail Energy 2024 ND 44
Docket No.: 20230127
Filing Date: 3/7/2024
Case Type: Appeal - Civil - Other
Author: Bahr, Douglas Alan

Highlight: A district court did not abuse its discretion in denying a member’s request for certain information in a board-managed limited liability company under the applicable statute governing an LLC member’s right to information.

A district court did not abuse its discretion in awarding attorney’s fees after denying a motion to compel discovery.

A facially valid motion to compel requires two components, an actual certification document and performance. Performance has two elements: the first element of performance is good faith, and the second element is conferring or attempting to confer.

Interest of A.P. (CONFIDENTIAL) 2024 ND 43
Docket No.: 20230404
Filing Date: 3/7/2024
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Tufte, Jerod E.

Highlight: A juvenile court order terminating parental rights is reversed. The court’s findings on termination are clearly erroneous because the findings are not supported by evidence in the record. The juvenile court abused its discretion by relying on affidavits in the file that were not received into evidence.

State v. Henderson 2024 ND 42
Docket No.: 20230253
Filing Date: 3/7/2024
Case Type: Appeal - Criminal - Misc. Felony
Author: Tufte, Jerod E.

Highlight: A criminal judgment is reversed because the district court abused its discretion by admitting several trial exhibits that were not properly authenticated under N.D.R.Ev. 901 and are inadmissible hearsay that lacked sufficient foundation as records of regularly conducted activity under N.D.R.Ev. 803(6).

State v. Henderson 2024 ND 42
Docket No.: 20230253
Filing Date: 3/7/2024
Case Type: Appeal - Criminal - Misc. Felony
Author: Tufte, Jerod E.

Interest of R.K. 2024 ND 41
Docket No.: 20240062
Filing Date: 3/7/2024
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

Highlight: A district court’s order continuing an individual’s treatment at the North Dakota State Hospital is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Interest of R.K. 2024 ND 41
Docket No.: 20240062
Filing Date: 3/7/2024
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

Papenhausen v. ConocoPhillips Co. 2024 ND 40
Docket No.: 20230280
Filing Date: 3/7/2024
Case Type: Certified Question - Civil - Civil
Author: Tufte, Jerod E.

Highlight: We answer two certified questions from the United States District Court for the District of North Dakota regarding North Dakota’s natural accumulation rule, which precludes liability for injuries caused by natural accumulations of snow and ice. The questions ask whether the accumulation rule extends to an oil well site in a rural area, and, if so, does it still apply if it conceals a condition substantially more dangerous than one normally associated with ice and snow. 

The natural accumulation rule relates to the threshold question whether a duty exists. The underlying rationale for the natural accumulation rule is reasonableness.

The natural accumulation rule is generally applicable under North Dakota law with some exceptions.

We answer the first question, “yes.” The natural accumulation rule applies to an oil well site in a rural area. We answer the second question, “no.” The concealment aspect of snow and ice is outside the scope of our natural accumulation rule.