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City of Fargo v. Hofer 2020 ND 252
Docket No.: 20200041
Filing Date: 12/17/2020
Case Type: DUI/DUS
Author: Tufte, Jerod E.

Highlight: A search warrant does not cure defects in an implied consent advisory if the officer is administering a chemical test under the implied consent statute.

Burgum v. Jaeger, et al. 2020 ND 251
Docket No.: 20200298
Filing Date: 11/24/2020
Case Type: WRIT OF MANDAMUS (Civil)
Author: Crothers, Daniel John

Highlight: Votes cast for an ineligible candidate are counted and considered a protest against the eligible candidate.
A governor’s constitutional gap-filling appointment authority does not apply when the law provides a method to fill a vacancy.
A governor’s constitutional gap-filling appointment authority only applies to vacancies in an office, not in a term.
Section 16.1-13-10, N.D.C.C., applies to vacancies occurring in the office of a member of the Legislative Assembly.

Ring v. NDDHS 2020 ND 217
Docket No.: 20200072
Filing Date: 11/21/2020
Case Type: ADMINISTRATIVE PROCEEDING
Author: VandeWalle, Gerald W.

Highlight: When ruling on a motion for substitution upon a party’s death, the district court must determine whether the case was extinguished by the death, and if not, whether the party seeking substitution is the proper successor.

Wisham v. State 2020 ND 250
Docket No.: 20200152
Filing Date: 11/19/2020
Case Type: POST-CONVICTION RELIEF
Author: Jensen, Jon J.

Highlight: The court did not err in summarily disposing of an application for post-conviction relief after petitioner failed to respond to the State’s motion for summary disposition.

Estate of Moore 2020 ND 249
Docket No.: 20200087
Filing Date: 11/19/2020
Case Type: PROBATE - WILLS - TRUSTS
Author: VandeWalle, Gerald W.

Highlight: In a case involving expert opinions, a choice between two permissible views of the weight of the evidence is not clearly erroneous.

A district court’s decision under equitable principles will not be reversed on appeal absent an abuse of discretion.

State v. Polk 2020 ND 248
Docket No.: 20200108
Filing Date: 11/19/2020
Case Type: ASSAULT
Author: VandeWalle, Gerald W.

Highlight: A victim’s testimony alone is sufficient to establish all the elements of a crime.

Under North Dakota Rules of Evidence 608(b), specific instances of conduct, excluding criminal convictions under Rule 609, must be inquired into only on cross-examination for impeachment purposes.

State v. Conry 2020 ND 247
Docket No.: 20200101
Filing Date: 11/19/2020
Case Type: TORTS (NEGLIGENCE, LIAB., NUIS.)
Author: Crothers, Daniel John

Highlight: The State possesses no statutory right to appeal a restitution order in a criminal case.

State v. Richardson 2020 ND 246
Docket No.: 20200083
Filing Date: 11/19/2020
Case Type: MISC. STATUTORY OFFENSE (FELONY)
Author: Per Curiam

Highlight: Criminal conviction for felony reckless endangerment summarily affirmed under N.D.R.App.P 35.1(a)(3).

Christianson v. NDDOT 2020 ND 245
Docket No.: 20200114
Filing Date: 11/19/2020
Case Type: TRANSPORTATION DEPT.
Author: Tufte, Jerod E.

Highlight: The Canadian statute making it illegal to drive while intoxicated defines an offense equivalent to North Dakota’s driving under the influence offense for purposes of N.D.C.C. § 39-06-27(1). The Department has jurisdiction to suspend an operator’s license for a conviction under the Canadian statute.

A hearing officer does not fail to provide a fair and impartial hearing by holding separate administrative hearings for suspension based on a foreign administrative suspension and foreign criminal conviction.

State v. Wilkinson 2020 ND 244
Docket No.: 20200117
Filing Date: 11/19/2020
Case Type: SEXUAL OFFENSE
Author: Per Curiam

Highlight: Criminal conviction for gross sexual imposition is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

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