Opinions

State v. Steele 2023 ND 220
Docket No.: 20230064
Filing Date: 11/24/2023
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Bahr, Douglas Alan

Highlight: A person has a reasonable expectation of privacy in a closed, rented room.

A home owner does not have common authority to consent to a search of a rented room in their home.

A reasonable officer would not believe a homeowner could consent to the search of a closed, rented room in their home.

Tracey v. Tracey 2023 ND 219
Docket No.: 20230155
Filing Date: 11/24/2023
Case Type: Appeal - Civil - Other
Author: McEvers, Lisa K. Fair

Highlight: A district court’s finding of domestic violence may be based on actual harm, or the infliction of fear of imminent harm.

When a petition for a domestic violence protection order is based on the infliction of fear of imminent harm, the petitioner must show a fear of actual or imminent physical harm, bodily injury, or assault.

A district court must make factual findings sufficient to understand the basis for its decision.

Matter of Didier 2023 ND 218
Docket No.: 20230118
Filing Date: 11/24/2023
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Tufte, Jerod E.

Highlight: A district court must have sufficient factual findings to show a sexually dangerous individual continues to have an inability to control his behavior. Past conduct is relevant and may be considered with present conduct to determine whether an individual continues to have an inability to control his behavior. The district court’s findings, showing not just a lack of progress, but a lack of participation, are sufficient to show the individual continues to have an inability to control his behavior.

State v. Nelson 2023 ND 217
Docket No.: 20230038
Filing Date: 11/24/2023
Case Type: Appeal - Criminal - Theft
Author: Crothers, Daniel John

Highlight: An issue will not be addressed on appeal when an appellant fails to raise it in the district court or brief it under the obvious error standard of review.

The standard for reviewing the sufficiency of evidence is the same for both a bench trial and a jury trial. A conviction will not be set aside if competent evidence allows the trier of fact to draw an inference reasonably tending to prove guilt and fairly warranting a conviction.

Olson Family Limited Partnership v. Velva Parks 2023 ND 216
Docket No.: 20230108
Filing Date: 11/24/2023
Case Type: Appeal - Civil - Real Property
Author: McEvers, Lisa K. Fair

Highlight: A movant under N.D.R.Civ.P. 60(b) has the burden of establishing sufficient grounds for disturbing the finality of the judgment. A disregard of service of process does not constitute mistake, inadvertence, or excusable neglect. Bare assertions without credible facts or specific legal grounds do not give rise to an allegation of a meritorious defense.

Benter v. State 2023 ND 215
Docket No.: 20230202
Filing Date: 11/24/2023
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Order denying a post-conviction relief application is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).

Bravera Bank v. Craft, et al. 2023 ND 214
Docket No.: 20230095
Filing Date: 11/24/2023
Case Type: Appeal - Civil - Foreclosure
Author: Jensen, Jon J.

Highlight: When a district court’s order granting summary judgment is entered on a fully submitted motion without any request for oral argument, and the order fully resolves the pending claims, it may not be necessary for the court to specifically address the remaining motions.

A district court does not err in cancelling a hearing set by the court if its notice was issued after the time for the parties to request a hearing has expired and neither party made a request.

A party opposing summary judgment must explain the connection between the factual assertions and the legal theories in the case. It cannot leave the district court the chore of determining if there are nonbriefed issues material to the claim for relief.

State v. Sparkman 2023 ND 212
Docket No.: 20230134
Filing Date: 11/9/2023
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam

McGinnis v. State 2023 ND 211
Docket No.: 20230119
Filing Date: 11/9/2023
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

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

State v. Anderson 2023 ND 210
Docket No.: 20230145
Filing Date: 11/9/2023
Case Type: Appeal - Criminal - Assault
Author: Jensen, Jon J.

Highlight: When the intent element of terrorizing is met based on reckless disregard of the risk, awareness of the risk is not required if the absence is due to self-induced intoxication.

Preventing arrest under N.D.C.C. § 12.1-08-02 includes not only preventing the arrest but also effecting such an arrest. Preventing law enforcement actions such as being placed in handcuffs or being secured for transport could be the basis for a preventing arrest charge.