Opinions

Jones v. Rath 2023 ND 183
Docket No.: 20230018
Filing Date: 9/28/2023
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: Only an aggrieved party may appeal from an order or judgment.

For purposes of appellate review, an aggrieved party is someone whose interests are adversely affected by a court’s decision.

A temporary restraining order is not a final appealable order.

Individuals subject to a North Dakota Supreme Court Administrative Rule 58 vexatious litigant prefiling order may not raise issues on appeal concerning motions they did not have authority to file.

Interest of K.J. 2023 ND 182
Docket No.: 20230290
Filing Date: 9/28/2023
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: A district court judgment terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Interest of K.J. 2023 ND 182
Docket No.: 20230290
Filing Date: 9/28/2023
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Isac v. State 2023 ND 181
Docket No.: 20230100
Filing Date: 9/28/2023
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Crothers, Daniel John

Highlight: When a post-conviction relief applicant seeks to withdraw a guilty plea based upon ineffective assistance of counsel, the applicant must satisfy a two-prong test by showing (1) his counsel’s representation fell below an objective standard of reasonableness, and (2) there is a reasonable probability that, but for counsel’s errors, the applicant would not have pleaded guilty and would have insisted on going to trial. Under the second prong, the district court is required to determine what the applicant would have done had he received competent advice—not what he would have done with the benefit of hindsight.

Witnesses must testify from personal knowledge. Witnesses may use notes to refresh their recollection, but they may not testify directly from the notes. A district court has broad discretion to control the use of evidence to refresh memory.

State v. Johnson 2023 ND 180
Docket No.: 20230083
Filing Date: 9/28/2023
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Jensen, Jon J.

Highlight: Terrorizing circumstances are threats of violence or dangerous acts made with an intent to induce fear. No precise words are necessary to convey a threat, and may be bluntly spoken or done by innuendo or suggestion. A threat often takes its meaning from the circumstances in which it is spoken, and words that are innocuous in themselves may take on a sinister meaning in the context in which they are recited.

Williamson v. State 2023 ND 179
Docket No.: 20230069
Filing Date: 9/28/2023
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: An order denying an application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

State v. Cahoon 2023 ND 178
Docket No.: 20230008
Filing Date: 9/28/2023
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: A district court judgment following a jury verdict is summarily affirmed under N.D.R.App.P. 35.1(a)(3). 

State v. Weah 2023 ND 177
Docket No.: 20220361
Filing Date: 9/28/2023
Case Type: Appeal - Criminal - Assault
Author: Per Curiam

Highlight: A district court’s judgment entered after a jury convicted the defendant of aggravated assault with permanent loss or impairment and reckless endangerment with extreme indifference is summarily affirmed under N.D.R.App. 35.1(a)(3).

State v. Weah 2023 ND 177
Docket No.: 20220361
Filing Date: 9/28/2023
Case Type: Appeal - Criminal - Assault
Author: Per Curiam

State v. Powell 2023 ND 176
Docket No.: 20230107
Filing Date: 9/28/2023
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: A criminal judgment entered following denial of a motion to suppress evidence is summarily affirmed under N.D.R.App.P. 35.1(a)(2).