Opinions

State v. O'Toole 2009 ND 174
Docket No.: 20090034
Filing Date: 10/13/2009
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Crothers, Daniel John

Highlight: There is insufficient evidence to support a conviction only when no rational fact finder could find the defendant guilty beyond a reasonable doubt viewing all the evidence in the light most favorable to the prosecution and giving the prosecution the benefit of all inferences reasonably drawn in its favor.
Words in a statute are given their plain, ordinary, and commonly understood meaning, unless they are specifically defined in the code or the drafters clearly intended otherwise.
A district court does not err in refusing to give a jury instruction that is irrelevant or inapplicable.

Schlosser v. N.D. Dep't. of Transp. 2009 ND 173
Docket No.: 20090156
Filing Date: 11/19/2009
Case Type: Appeal - Administrative - Department of Transportation
Author: VandeWalle, Gerald

Highlight: To admit a blood alcohol test report in an administrative proceeding to revoke an individual's driver's license, the documents and testimony presented must show scrupulous compliance with the methods approved by the State Toxicologist.

Estate of Dionne 2009 ND 172
Docket No.: 20090016
Filing Date: 9/28/2009
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: VandeWalle, Gerald

Highlight: The circumstances constituting fraud must be stated in a complaint with particularity.
A contract is ambiguous when rational arguments can be made in support of contrary positions as to the meaning of the language in the contract, and if a contract is ambiguous, extrinsic evidence may be considered to clarify the parties' intent.

Schleuter v. Northern Plains Ins., et al. 2009 ND 171
Docket No.: 20090060
Filing Date: 9/23/2009
Case Type: Appeal - Civil - Insurance
Author: Crothers, Daniel John

Highlight: When a single-vehicle accident occurs in this state but the injured insured is a resident of another state, the insurance policy was purchased from a company based in the other state and not doing business in this state, and all but the initial treatment occurred in the other state, the laws of the other state will apply in interpreting the insurance policy.
Coverage includes more than dollar limits.
Under North Dakota law, a household exclusion in a motor-vehicle insurance policy is void.

LaRocque v. State 2009 ND 170
Docket No.: 20090039
Filing Date: 9/21/2009
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: District court order denying application for post-conviction relief is summarily affirmed under N.D.R. App. P. 35.1(a)(2) and (4).

State v. Witzke 2009 ND 169
Docket No.: 20090068
Filing Date: 9/18/2009
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam

Highlight: A criminal judgment entered after a jury convicted the defendant of violating a disorderly conduct restraining order is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).

State v. Adams 2009 ND 168
Docket No.: 20090101
Filing Date: 9/16/2009
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Crothers, Daniel John

Highlight: The right of appeal is governed by statute, and if there is no statutory basis for an appeal, the lack of jurisdiction will be noted and the appeal dismissed.
There is no statutory right to appeal an order entering a conditional plea of guilty when no judgment of conviction or other final order has been entered.

State v. Johnson 2009 ND 167
Docket No.: 20090115
Filing Date: 9/16/2009
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: VandeWalle, Gerald

Highlight: If a person ambiguously responds to a request to submit to a chemical test, the person suffers the consequences of that ambiguity.
An affirmative refusal to submit to a chemical test must be clear and unequivocal.

Kambeitz, et al. v. Acuity Ins. Co. 2009 ND 166
Docket No.: 20090059
Filing Date: 9/16/2009
Case Type: Appeal - Civil - Insurance
Author: Maring, Mary

Highlight: Although the failure to plead an affirmative defense generally results in waiver of the defense, amendments to the pleadings are to be freely given when justice so requires.
An insurance company cannot avoid coverage under any compulsory automobile liability insurance policy provisions after an accident when a claim against the policy is made by an injured innocent third party.
Fraud, intentional and material misrepresentation, concealment, and collusion are all generally questions of fact for the trier of fact.

State v. Vandehoven 2009 ND 165
Docket No.: 20080308
Filing Date: 9/16/2009
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Maring, Mary

Highlight: The purpose of N.D.R.Crim.P. 11(b)(1) is to ensure the defendant understands the constitutional rights which are waived by entry of a guilty plea, to ensure a knowing and intelligent waiver of the right to counsel, and to ensure the defendant understands the maximum possible punishment and any applicable mandatory minimum punishment so he can make a knowing and intelligent decision whether to plead guilty.
If no plea agreement has been reached by the parties, N.D.R.Crim.P. 11(c)(1) creates a bright-line rule which prohibits the court from participating in any discussion of a plea agreement.