Opinions

State v. Fischer 2024 ND 29
Docket No.: 20230239
Filing Date: 2/22/2024
Case Type: Appeal - Criminal - Theft
Author: Crothers, Daniel John

Highlight: A district court can accept a guilty plea without accepting a plea agreement. When considering a plea agreement, the court can reject a guilty plea until it accepts the plea agreement or sentences the defendant.

A defendant cannot receive the benefit of a bargained for plea agreement when the State and the defendant are not bound by the whole plea agreement.

The judge’s comments in court explaining his decision does not create bias when they are made before a jury is empaneled, the jury does not hear the comments, and the comments are not part of the jury’s deliberations.

Disciplinary Board v. Spencer 2024 ND 28
Docket No.: 20240012
Filing Date: 2/9/2024
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer suspended and placed on two-year suspension with conditions.

Keller v. Keller, et al. 2024 ND 27
Docket No.: 20230258
Filing Date: 2/8/2024
Case Type: Appeal - Civil - Contempt of Court
Author: Bahr, Douglas Alan

Highlight: A district court’s finding of contempt will only be overturned if the court abused its discretion.

A district court’s award of attorney’s fees will only be overturned if the court abused its discretion.

This Court does not consider arguments which are not adequately articulated, supported, and briefed.

WSI v. Kringlie, et al. 2024 ND 26
Docket No.: 20230184
Filing Date: 2/8/2024
Case Type: Appeal - Civil - Administrative Proceeding
Author: Bahr, Douglas Alan

Highlight: Under the Administrative Agencies Practice Act, courts exercise limited appellate review of administrative agency decisions.

A vocational rehabilitation plan is appropriate if it meets the statutory requirements and gives the injured worker a reasonable opportunity to obtain substantial gainful employment.

While the validity of a vocational rehabilitation plan is assessed at the time it was formulated, a claimant’s pre-existing, non-work-related medical limitations are taken into account as they existed at the time of the work-related injury.

Don's Garden Center, et al. v. The Garden District, et al. 2024 ND 25
Docket No.: 20230270
Filing Date: 2/8/2024
Case Type: Appeal - Civil - Landlord/Tenant
Author: Bahr, Douglas Alan

Highlight: There is not a time limit for a motion attacking a void judgment under Rule 60(b)(4), N.D.R.Civ.P.

A district court does not lose subject matter jurisdiction if it misapplies the law.

A district court signing an order before the time to object to proposed findings expire is harmless error.

Don's Garden Center, et al. v. The Garden District, et al. 2024 ND 25
Docket No.: 20230270
Filing Date: 2/8/2024
Case Type: Appeal - Civil - Landlord/Tenant
Author: Bahr, Douglas Alan

Sherwood v. Sherwood 2024 ND 24
Docket No.: 20230230
Filing Date: 2/8/2024
Case Type: Appeal - Civil - Other
Author: Bahr, Douglas Alan

Highlight: A district court has broad discretion over the presentation of evidence and conduct of a trial, including when to certify a hostile witness.

After a district court makes a finding of actual or imminent domestic violence, a petitioner does not need to prove actual or imminent domestic violence to maintain a domestic violence protection order.

A party is only entitled to have a district court decide an issue if the party has standing to raise the issue.

Sherwood v. Sherwood 2024 ND 24
Docket No.: 20230230
Filing Date: 2/8/2024
Case Type: Appeal - Civil - Other
Author: Bahr, Douglas Alan

Estate of Heath 2024 ND 23
Docket No.: 20230250
Filing Date: 2/8/2024
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Jensen, Jon J.

Highlight: A prerequisite to obtaining an order establishing the authority of a domiciliary foreign personal representative is proof of the authority to act as the personal representative in the foreign jurisdiction, meaning an active appointment in the foreign jurisdiction.

Chapter 30.1-24, N.D.C.C., gives a district court the authority to consider petitions to initiate foreign probate proceedings. The issuance of an order without satisfaction of all of the statutory prerequisites does not divest subject matter jurisdiction. It is instead an error in the application of the law, which may furnish grounds for appeal, but it does not invalidate the judgment under N.D.R.Civ.P. 60(b)(4).

To grant a motion under N.D.R.Civ.P. 60(b)(6), the district court must make a finding that the motion was brought within a reasonable time; otherwise, the motion must be denied.

A trustee with an interest in a disputed mineral interest that it contends is intended to benefit the trust has sufficient interest in the probate proceedings disposing of those interests, to possess standing.

The district court may only take judicial notice of a fact that is not subject to reasonable dispute because it is either generally known within the court’s territorial jurisdiction or it is a fact that can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.

Estate of Heath 2024 ND 23
Docket No.: 20230250
Filing Date: 2/8/2024
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Jensen, Jon J.