Opinions

State v. Harris 2023 ND 193
Docket No.: 20230033
Filing Date: 10/11/2023
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: The district court order denying a defendant’s motion to suppress is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).

State v. Hatzenbuehler 2023 ND 192
Docket No.: 20230017
Filing Date: 10/11/2023
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Jensen, Jon J.

Highlight: The sentencing factors set forth in N.D.C.C. § 12.1-32-04 apply in revocation proceedings. Although entitled to consideration, the sentencing factors do not control the district court’s discretion, are not an exclusive list of all a court may consider, and need not be explicitly referenced in fixing a criminal sentence.

Albertson v. Albertson 2023 ND 191
Docket No.: 20230034
Filing Date: 10/11/2023
Case Type: Appeal - Civil - Other
Author: Bahr, Douglas Alan

Highlight: A district court must specially state facts when granting a disorderly conduct restraining order, which allow a reviewing court to understand the basis of the decision.

Section 28-26-01, N.D.C.C., applies to awards of attorney’s fees by the district court, not the Supreme Court.

Kirkpatrick v. NDDOT 2023 ND 190
Docket No.: 20230085
Filing Date: 10/2/2023
Case Type: Appeal - Administrative - Department of Transportation
Author: Crothers, Daniel John

Highlight: The North Dakota Department of Transportation has authority to conduct proceedings to suspend an operator’s license if law enforcement has provided it with information essential to showing suspension may be warranted under the law.

The Department lacks authority to suspend an operator’s license when all breath and blood alcohol test results are not provided to the Department.

Matter of Reciprocal Discipline of Roach 2023 ND 189
Docket No.: 20230233
Filing Date: 9/28/2023
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer reprimaned and placed on probation.

Disciplinary Board v. Baird 2023 ND 188
Docket No.: 20230277
Filing Date: 9/28/2023
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer disbarred.

Disciplinary Board v. Pilch 2023 ND 187
Docket No.: 20230268
Filing Date: 9/28/2023
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer disbarred.

Disciplinary Board v. Pilch (consolidated w/ 20230266) 2023 ND 186
Docket No.: 20230265
Filing Date: 9/28/2023
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer disbarred.

Bd. of Trustees of The N.D. Public Employees' Retirement System v. N.D. (con't) 2023 ND 185
Docket No.: 20230158
Filing Date: 9/28/2023
Case Type: Original Proceeding - Civil - Writ of Injunction
Author: Crothers, Daniel John

Highlight: The supreme court invokes its original jurisdiction only in cases publici juris and those affecting the sovereignty of the state, its franchises and prerogatives, or the liberties of its people. The supreme court has exercised original jurisdiction in cases where the separation of coequal branches of government and their respective authority have been challenged.

Constitutional provisions are generally given their plain, ordinary, and commonly understood meaning. The overriding objective is to give effect to the intent and purpose of the people adopting the constitutional provision. The intent and purpose of constitutional provisions are to be determined, if possible, from the language itself.

Under North Dakota Constitution Article IV, § 13, “[n]o bill may embrace more than one subject, which must be expressed in its title.” When a bill embraces multiple subjects, all of which are expressed in its title, the whole bill is void due to the manifest impossibility of choosing which parts of the bill are valid and which are void. A court’s attempt to choose between the provisions would improperly inject it into the Legislature’s domain.

Interest of P.R.-K. (CONFIDENTIAL)(consolidated w/20230282) 2023 ND 184
Docket No.: 20230281
Filing Date: 9/28/2023
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: A juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).