Opinions

State v. Barendt 2007 ND 164
Docket No.: 20060370
Filing Date: 10/16/2007
Case Type: Appeal - Criminal - Misc. Felony
Author: Kapsner, Carol

Highlight: A fact-finder decides the credibility of witnesses, and is not required to believe a witness's testimony, even when no direct evidence is offered to the contrary.

Ritter, Laber & Assoc., et al. v. Koch Oil, et al. (Cross w/20000224 & 20030347) 2007 ND 163
Docket No.: 20070029
Filing Date: 10/16/2007
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: VandeWalle, Gerald

Highlight: A party seeking reformation of a written agreement must prove by clear and convincing evidence the document does not fully or truly state the agreement the parties intended to make.
The party seeking reformation of an agreement on the basis of mutual mistake must show that, when the agreement was executed, both parties intended to say something different from what was said in the document.
In a class action lawsuit, the district court may award payment to the class representatives. Factors in making the decision include the risk to class representatives in bringing suit, the time and effort spent by the class representatives, the duration of the litigation, the time and effort expended by the representatives in pursuing the litigation, and the degree to which the class has benefitted from the representatives' actions.
The districtr court must consider the factors listed under N.D.R.Civ.P. 23(p)(5) in awarding attorney fees in a class action lawsuit.
The district court is considered an expert in determining an award of attorney fees, and its decision will not be overturned on appeal absent a clear abuse of discretion.
In awarding attorney fees in a class action lawsuit, the court may consider not only the available settlement fund but also the amount of actual claims on the fund.

State v. Fasteen 2007 ND 162
Docket No.: 20070046
Filing Date: 10/16/2007
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: VandeWalle, Gerald

Highlight: Under the Terry doctrine, a law enforcement officer can make an investigative stop of a vehicle if the officer has a reasonable and articulable suspicion that the motorist has violated or is violating the law.
Under N.D.C.C. 39-10-38(1), no person may turn a vehicle right or left upon a roadway without giving an appropriate signal and unless or until such movement can be made with reasonable safety.

State v. Hemmes (consolidated w/20070011) 2007 ND 161
Docket No.: 20070010
Filing Date: 10/16/2007
Case Type: Appeal - Criminal - Theft
Author: Crothers, Daniel John

Highlight: Brady v. Maryland, 373 U.S. 83 (1963) does not apply to probation revocation proceedings.
The evidentiary disclosure requirements of N.D.R.Crim.P. 16 apply to probation revocation proceedings.

State v. Skarsgard (Consolidated w/ 20060305) 2007 ND 160
Docket No.: 20060304
Filing Date: 10/16/2007
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Crothers, Daniel John

Highlight: A law enforcement officer may make an investigative stop of a vehicle if the officer has at least a reasonable suspicion that the motorist has violated the law or probable cause to believe the motorist has done so.
When a law enforcement officer observes a vehicle with no license plates and no viewable registration certificate, the officer has reasonable grounds to stop the driver and check if the driver has a valid certificate in his possession.
An adequate foundation for admission of blood-alcohol test results may be established by the testimony of witnesses.
A jury is generally presumed to follow instructions, and a curative instruction to disregard certain evidence is generally sufficient to remove improper prejudice.
Generally, pretrial bail issues are moot after conviction.
Reversal of a conviction and release from confinement is not a remedy for allegations of deliberate indifference to serious medical needs in violation of the cruel and unusual punishment clause of the Eighth Amendment.
Appellate review of a criminal sentence focuses only on whether the district court acted within the limits prescribed by statute, or substantially relied on an impermissible factor.

State v. Skarsgard 2007 ND 159
Docket No.: 20070034
Filing Date: 10/16/2007
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: VandeWalle, Gerald

Highlight: The criminal code definition of "offense" as "conduct for which a term of imprisonment or fine is authorized under statute after conviction" applies to driving violations under N.D.C.C. 39-08-01 and 39-06-42.
Judgments for driving under the influence and driving under suspension which are on appeal are "offenses" that can be used to enhance subsequent driving under the influence and driving under suspension judgments.

State v. Overby 2007 ND 158
Docket No.: 20070054
Filing Date: 10/16/2007
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Findings of parole violations, revocation of parole and re-sentencing to an additional year of incarceration are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

State v. Gruett 2007 ND 157
Docket No.: 20070039
Filing Date: 10/16/2007
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Conviction for possession of methamphetamine with intent to deliver is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

State v. Moilwa 2007 ND 156
Docket No.: 20070058
Filing Date: 10/16/2007
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: A district court criminal judgment for criminal trespass is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

State v. Knight 2007 ND 155
Docket No.: 20070047
Filing Date: 10/16/2007
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Conviction of gross sexual imposition is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7).