Opinions

State v. Morales 2023 ND 209
Docket No.: 20230080
Filing Date: 11/9/2023
Case Type: Appeal - Criminal - Homicide
Author: Crothers, Daniel John

Highlight: North Dakota Rule of Criminal Procedure 11(d) governs the withdrawal of a guilty plea. To withdraw a guilty plea after the court has accepted the plea but before sentencing, a defendant must show a fair and just reason for the withdrawal.

State v. Yalartai 2023 ND 208
Docket No.: 20230065
Filing Date: 11/9/2023
Case Type: Appeal - Criminal - Sexual Offense
Author: McEvers, Lisa K. Fair

Highlight: A defendant moving to withdraw his guilty plea before sentencing bears the burden of establishing a fair and just reason exists.

Among the factors that a district court may consider in determining whether a fair and just reason exists to withdraw a guilty plea before sentencing are: (1) the amount of time that has passed between the entry of the plea and the motion to withdraw; (2) defendant’s assertion of innocence or a legally cognizable defense to the charge; (3) prejudice to the government; (4) whether the plea was knowing and voluntary; (5) whether the plea was made in compliance with Rule 11, N.D.R.Crim.P.; (6) whether adequate assistance of counsel was available to the defendant; (7) the plausibility of the reason for seeking to withdraw; (8) whether a plea withdrawal would waste judicial resources; and (9) whether the parties had reached or breached a plea agreement.

A defendant who voluntarily pleads guilty waives the right to challenge nonjurisdictional defects, including alleged violations of constitutional rights that occur before the guilty plea.

Kaspari v. Kaspari 2023 ND 207
Docket No.: 20230189
Filing Date: 11/9/2023
Case Type: Appeal - Civil - Divorce - Property
Author: Bahr, Douglas Alan

Highlight: This Court only has jurisdiction to review judgments which are timely appealed. If we conclude the attempted appeal fails for lack of jurisdiction, we have the duty to dismiss the appeal sua sponte.

A motion under N.D.R.Civ.P. 60 does not toll the time to appeal unless the motion is served and filed no later than 28 days after notice of entry of judgment.

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

State v. Kovalevich 2023 ND 206
Docket No.: 20230101
Filing Date: 11/9/2023
Case Type: Appeal - Criminal - Sexual Offense
Author: Bahr, Douglas Alan

Highlight: When a defendant has previously filed a post-conviction relief application, a subsequent motion filed under the Rules of Criminal Procedure will be treated as an application for post-conviction relief when the motion seeks to evade the boundaries of post-conviction proceedings.

When a pre-filing order is in effect, a district court must make the required initial determinations whether a particular litigant’s proffered papers will be filed before ruling on the merits of the proposed filing.

Orders denying leave to file are not appealable.

Vacancy in Judgeship No. 2, NECJD 2023 ND 205
Docket No.: 20230284
Filing Date: 11/2/2023
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judgeship retained at Grand Forks.

Matter of Reciprocal Discipline of Hill 2023 ND 204
Docket No.: 20230296
Filing Date: 10/26/2023
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer reprimanded.

Interest of A.I. (CONFIDENTIAL) 2023 ND 203
Docket No.: 20230311
Filing Date: 10/26/2023
Case Type: Appeal - Civil - Mental Health
Author: Jensen, Jon J.

Highlight: To comply with the requirements of N.D.C.C. § 25-03.1-21(1), the district court must find by clear and convincing evidence that alternative treatment is not adequate or hospitalization is the least restrictive alternative. However, we cannot order a less restrictive alternative even if it would be sufficient if evidence shows there is no such program currently available.

State v. Gonzales 2023 ND 202
Docket No.: 20230129
Filing Date: 10/26/2023
Case Type: Appeal - Criminal - Misc. Felony
Author: Crothers, Daniel John

Highlight: Under N.D.C.C. § 12.1-32-08, a district court may enter restitution for damages or expenses sustained by a victim that are immediate, intimate, causally connected and directly related to the criminal offense the defendant pleaded guilty or was found guilty.

State v. Ortiz 2023 ND 201
Docket No.: 20230126
Filing Date: 10/26/2023
Case Type: Appeal - Criminal - Homicide
Author: Per Curiam

Highlight: A district court’s judgment sentencing a defendant to 55 years of incarceration is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Padilla v. Klimpel, et al. 2023 ND 200
Docket No.: 20230099
Filing Date: 10/26/2023
Case Type: Appeal - Civil - Child Support
Author: Per Curiam