Opinions

State v. Voigt 2007 ND 100
Docket No.: 20060271
Filing Date: 6/26/2007
Case Type: Appeal - Criminal - Sexual Offense
Author: VandeWalle, Gerald

Highlight: A double jeopardy claim is timely if it is raised before or during trial proceedings.
Jeopardy attaches in a jury trial when the jury is empaneled and sworn.
Nonexclusive factors for determining whether termination of a criminal trial is supported by manifest necessity include: 1) whether counsel were afforded an opportunity to be heard on the issue; 2) whether alternatives to a mistrial were explored; and 3) whether the judge's decision was made after sufficient reflection.
Mistrials declared with the defendant's consent generally do not bar later prosecutions.
A terminating event occurs under the "continuing jeopardy" doctrine if a trial before a new tribunal reasonably implicates the policies of the double jeopardy clause.

State v. Fehl-Haber 2007 ND 99
Docket No.: 20060086
Filing Date: 6/26/2007
Case Type: Appeal - Criminal - Sexual Offense
Author: Kapsner, Carol

Highlight: A district court has broad discretion in evidentiary matters, and its decision to admit or exclude evidence will not be overturned unless there has been an abuse of discretion.
In a criminal trial, all communications with the jurors after the jurors have retired for deliberations must be made in open court and in the presence of the defendant.
A criminal defendant may waive the right to have all communications with the jurors made after the case has been submitted to them by failing to object to the trial court's procedure in responding to the jury's request.
To prevail on a motion for a new trial on the ground of newly discovered evidence, the defendant must show: (1) the evidence was discovered after trial, (2) the failure to learn about the evidence at the time of trial was not the result of the defendant's lack of diligence, (3) the newly discovered evidence is material to the issues at trial, and (4) the weight and quality of the newly discovered evidence would likely result in an acquittal.
Where a sexual assault victim's credibility is not in issue, evidence that the victim made a similar accusation against another individual is immaterial and not likely to result in an acquittal.

State v. Flatt 2007 ND 98
Docket No.: 20060330
Filing Date: 6/26/2007
Case Type: Appeal - Criminal - Sexual Offense
Author: Kapsner, Carol

Highlight: Elements to an offense cannot be retroactively applied unless the Legislature expressly declares its intention to do so.
A charging document must sufficiently describe an offense based on the law in effect at the time the conduct occurred.
A defendant is not entitled to relief based on defective charging documents if the documents sufficiently allege an offense, based on the law in effect at the time the criminal conduct occurred, and the district court has jurisdiction over the matter.

State v. Silbernagel 2007 ND 97
Docket No.: 20070007
Filing Date: 6/26/2007
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Denial of motion to suppress evidence is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (3).

Moore v. State 2007 ND 96
Docket No.: 20060224
Filing Date: 6/26/2007
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Sandstrom, Dale

Highlight: Post-conviction relief may be granted when "[e]vidence, not previously presented and heard, exists requiring vacation of the conviction or sentence in the interest of justice."
When a defendant applies for post-conviction relief to withdraw a guilty plea, the application is treated as one made under N.D.R.Crim.P. 32(d), and withdrawal is allowed when necessary to correct a manifest injustice.

Interest of C.R., a child CONFIDENTIAL 2007 ND 95
Docket No.: 20070017
Filing Date: 6/26/2007
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: Order terminating parental rights summarily affirmed under N.D.R.App.P. 35.1(a)(2).

City of Minot v. Holbach 2007 ND 94
Docket No.: 20070042
Filing Date: 6/26/2007
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam

Highlight: Conviction of criminal trespass is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

State v. Enno 2007 ND 93
Docket No.: 20060273
Filing Date: 6/26/2007
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam

Highlight: A 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)(3).

Hernandez v. State 2007 ND 92
Docket No.: 20070051
Filing Date: 6/26/2007
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Denial of application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).

Olsrud v. Bismarck-Mandan Orchestral Association 2007 ND 91
Docket No.: 20060239
Filing Date: 6/12/2007
Case Type: Appeal - Civil - Other
Author: Maring, Mary

Highlight: N.D.R.Civ.P. 5 applies to pleadings after the original complaint is served and the court acquires personal jurisdiction over the defendant, while N.D.R.Civ.P. 4 applies to a court's exercise of personal jurisdiction over a defendant and how service of process may be made.
A plaintiff has the burden of establishing that authority to receive service of process exists between a defendant and the individual served.
A party waives an argument by not providing supporting argument, and without supporting reasoning or citation to relevant authorities, an argument is without merit.