Opinions

Wheeler v. Schuetzle 2006 ND 115
Docket No.: 20060074
Filing Date: 6/1/2006
Case Type: Original Proceeding - Criminal - Writ of Prohibition
Author: VandeWalle, Gerald

Highlight: The Supreme Court's original jurisdiction will not be exercised to vindicate private rights, regardless of their importance.
Before the Supreme Court's original jurisdiction will be exercised, the rights of the public, the sovereignty of the state, or the liberties of its people must be directly affected.
To exercise the Supreme Court's original jurisdiction, a private party must set forth in his petition that he has called the alleged infringement upon the sovereignty of the state to the attention of the Attorney General and requested the Attorney General to institute an original proceeding but the Attorney General refused to do so or unreasonably delayed doing so.

Gust v. State 2006 ND 114
Docket No.: 20050381
Filing Date: 6/1/2006
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Kapsner, Carol

Highlight: A defendant has the burden to show he is entitled to additional credit for time served in custody.
A defendant is not entitled to credit for time spent in custody for both a separate criminal offense and a new sentence following a parole revocation.

State v. Frederick 2006 ND 113
Docket No.: 20050432
Filing Date: 6/1/2006
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Convictions of manufacture of a controlled substance, possession of drug paraphernalia, and abuse or neglect of a child are summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Kunze v. State (Consol. w/20050377-20050379) (Cross-ref. w/990163-990166) 2006 ND 112
Docket No.: 20050376
Filing Date: 6/1/2006
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: District court's summary denial of a motion for an evidentiary hearing on post-conviction relief and denial of a motion to vacate criminal judgments is affirmed under N.D.R.App.P. 35.1(a)(2) and (6).

Carpenter v. Rohrer, et al. 2006 ND 111
Docket No.: 20050127
Filing Date: 5/17/2006
Case Type: Appeal - Civil - Malpractice
Author: Kapsner, Carol

Highlight: An appellant must provide a transcript sufficient to allow a meaningful and intelligent review of the alleged errors and assumes the consequences for the failure to file a complete transcript.
Special jury verdicts are upheld whenever possible and set aside only if it is shown they were perverse and clearly contrary to the evidence.
A witness's qualification to testify as an expert is left to the sound discretion of the trial court and is not reversed on appeal absent an abuse of discretion.

Bank Center First, Bismarck, ND v. R.C. Transport LLC, et al. 2006 ND 110
Docket No.: 20050299
Filing Date: 5/17/2006
Case Type: Appeal - Civil - Foreclosure
Author: VandeWalle, Gerald

Highlight: Filing a money judgment in a county where the judgment debtor has an interest in real property is a lien on the judgment debtor's interest in the real property.
The 60-day limit for redeeming from a prior redemptioner begins to run when the prior redemptioner's written notice of redemption is filed with the office of the county recorder.
To redeem property, a redemptioner need pay only the purchase price with interest, plus amounts which have been paid to protect the premises.

Landers, et al. v. Biwer, et al. 2006 ND 109
Docket No.: 20050313
Filing Date: 5/16/2006
Case Type: Appeal - Civil - Contracts
Author: Sandstrom, Dale

Highlight: Specific performance cannot be enforced against a party to a contract if specific performance is not just and reasonable to that party or if the party's assent was obtained by misrepresentation.
Because specific performance is an equitable remedy, a litigant seeking specific performance is held to a higher standard than one merely seeking money damages, and to receive equity a litigant must "do equity" and must not come into court with "unclean hands."
All the circumstances surrounding a transaction may be considered when deciding whether specific performance is just and reasonable to a party.
An award of damages will not be disturbed if the award is within the range of the evidence presented to the trier of fact.
For disputes involving oral contracts, the trier of fact determines whether an oral contract exists and what the terms of the oral contract are, and the findings of fact of the district court will not be reversed unless they are clearly erroneous.

City of Bismarck v. Mariner Construction, Inc., et al. 2006 ND 108
Docket No.: 20050322
Filing Date: 5/16/2006
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Highlight: The interpretation of a written contract to determine its legal effect is a question of law, and a court must initially determine if the contract is ambiguous.
If a contract is unambiguous, the court interprets the meaning of the contract as a matter of law and the trier of fact determines if the contract, as construed by the court, has been breached.
If a contract is ambiguous, the trier of fact may consider extrinsic evidence about the parties' intent to determine the meaning of the contract and the trier of fact then decides whether the parties have breached the contract.
If a contract is uncertain, the language of the contract is interpreted most strongly against the party who caused the uncertainty; however, for contracts between a public entity and a private party, it is presumed the uncertainty was caused by the private party.

Disciplinary Board v. Chinquist 2006 ND 107
Docket No.: 20050359
Filing Date: 5/16/2006
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer suspended from practice of law for six months and one day and ordered to pay costs and expenses of proceeding for violating N.D.R. Prof. Conduct 1.5(a) and (b), 1.7(a), 1.8(a), and 1.15(a) and (f).
Having consensual sexual relations with a domestic relations client serves the attorney's own interests and creates an inherent conflict with the proper representation of the client.

Roth v. State 2006 ND 106
Docket No.: 20050227
Filing Date: 5/11/2006
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Maring, Mary

Highlight: Claiming ineffective assistance of trial and appellate counsel for the first time in the first post-conviction relief application is not misuse of process.