Opinions

State v. Richter 2021 ND 55
Docket No.: 20200351
Filing Date: 3/24/2021
Case Type: MISC. STATUTORY OFFENSE (FELONY)
Author: VandeWalle, Gerald W.

Highlight: Attempted promotion of obscenity to minors is not a cognizable offense.

State v. Neugebauer 2021 ND 54
Docket No.: 20200278
Filing Date: 3/24/2021
Case Type: HOMICIDE
Author: Tufte, Jerod E.

Highlight: Once a judgment is final, the district court generally loses jurisdiction to alter, amend, or modify that judgment. Unless grounds are provided by statute or by the Rules of Criminal Procedure for correcting or amending a judgment, any attempt by the district court to amend or modify a final judgment is void.

Any party who has timely served and filed a brief requests oral argument, the request must be granted. If a trial court errs in denying a party’s motion without oral argument, the remedy is a remand to allow for oral argument.

Pioneer State Mutual Insurance Co. v. Bear Creek Gravel, et al. 2021 ND 53
Docket No.: 20200170
Filing Date: 3/24/2021
Case Type: INSURANCE
Author: Crothers, Daniel John

Highlight: Whether a vehicle has been furnished for regular use is a conclusion of fact.

A finding of fact will not be overturned on appeal unless clearly erroneous.

Reasonable time and place restrictions on the use of a vehicle could lead to a conclusion the vehicle was not furnished for a person’s regular use.

State v. Borland 2021 ND 52
Docket No.: 20200053
Filing Date: 3/24/2021
Case Type: HOMICIDE
Author: Jensen, Jon J.

Highlight: A defendant waives the constitutional protection against being placed in double jeopardy after a verdict or judgment against them is set aside at their own instance, either by motion in trial court or upon successful appeal.

The circumstances under which such a defendant may invoke the bar of double jeopardy in a second effort to try him are limited to those cases in which the conduct giving rise to the successful motion for a mistrial was intended to provoke the defendant into moving for a mistrial.

When analyzing a constitutional speedy trial claim, this Court considers the length of the delay, the reason for the delay, the accused’s assertion of the right to a speedy trial, and the prejudice to the accused.

Tebay v. State 2021 ND 51
Docket No.: 20200316
Filing Date: 3/24/2021
Case Type: POST-CONVICTION RELIEF
Author: Per Curiam

Highlight: A district court order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6).

Gerving v. Gerving 2021 ND 50
Docket No.: 20200291
Filing Date: 3/24/2021
Case Type: CHILD CUST & SUPPORT (Div.\Other)
Author: Crothers, Daniel John

Highlight: The judgment of the district court is summarily affirm as not clearly erroneous.

Under Rule 30 of the North Dakota Rules of Appellate Procedure, attorney’s fees and costs on appeal are appropriate only if the claim is flagrantly groundless, devoid of merit, or demonstrates persistence in the course of litigation which could be seen as evidence of bad faith.

State v. Walbert 2021 ND 49
Docket No.: 20200197
Filing Date: 3/24/2021
Case Type: SEXUAL OFFENSE
Author: Crothers, Daniel John

Highlight: Courts possess broad power to control their courtrooms, minimize disruptive behavior, and maintain security.

Restricting movement in and out of a courtroom during testimony of a child witness as an attempt to minimize disruptions did not constitute a closure but instead was within the court’s managerial authority.

Gil v. WSI 2021 ND 48
Docket No.: 20200253
Filing Date: 3/24/2021
Case Type: WORKERS COMPENSATION
Author: Crothers, Daniel John

Highlight: Timely filing a notice of appeal is jurisdictional and procedural rules may not be used to enlarge periods of time conferring jurisdiction that are definitely fixed by statute.

Saucedo v. State 2021 ND 47
Docket No.: 20200265
Filing Date: 3/24/2021
Case Type: POST-CONVICTION RELIEF
Author: Per Curiam

Highlight: An order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

State v. Stands 2021 ND 46
Docket No.: 20200179
Filing Date: 3/24/2021
Case Type: DRUGS/CONTRABAND
Author: VandeWalle, Gerald W.

Highlight: Sufficient competent evidence existed to show a defendant consented to a search of his person when he shrugged, mumbled, nodded, and lifted his hands.

Requests for consent to search during a traffic stop are permissible so long as they do not prolong and measurably extend the duration of the stop.

An officer may extend or expand the scope of a traffic stop if reasonable suspicion exists or the encounter becomes consensual.