Opinions

Roth, et al. v. Meyer, et al. 2024 ND 113
Docket No.: 20230310
Filing Date: 6/6/2024
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: A claim of adverse possession must meet every element. For the continuous element, a party must hold the property for 20 years.

Summaries under N.D.R.Ev. 1006 require that supporting documents be admissible but need not be admitted. A summary usually is inadmissible if the supporting documents are inadmissible.

The court must find when conversion began to determine what property, if any, has been converted.

When calculating conversion damages, the court must follow N.D.C.C. § 32-0323. The damages must be based on the wronged party's damages and on market values if a market for the converted property exists.

The material terms of loans in aggregate greater than $25,000 must be in writing.

Kath v. Prochnow, et al. 2024 ND 112
Docket No.: 20230406
Filing Date: 6/6/2024
Case Type: Appeal - Civil - Personal Injury
Author: Crothers, Daniel John

Highlight: Where the proper remedy is an appeal, the North Dakota Supreme Court generally
will not exercise its supervisory authority.

A petition to intervene initiates a special proceeding where the relief sought is
permission to intervene in an action. District courts have the power to hear and determine
all civil actions and proceedings. Post-judgment intervention may be allowed when an
attempted intervener moves promptly after learning of the entry of judgment within the
time for appeal.

Issues not decided by the district court are generally not ripe for resolution on
appeal. The purpose of an appeal is to review the actions of the district court. Resolution
of issues by the district court before appellate review contributes valuable input to the
process and develops the record for effective review of the decision

Mohammed v. State 2024 ND 111
Docket No.: 20230399
Filing Date: 5/30/2024
Case Type: Appeal - Civil - 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. 3501(a)(2).

Ineffective assistance of counsel claims asserting a language barrier are findings of fact that will not be disturbed unless clearly erroneous.

State v. Studhorse 2024 ND 110
Docket No.: 20230247
Filing Date: 5/30/2024
Case Type: Appeal - Criminal - Sexual Offense
Author: Tufte, Jerod E.

Highlight: A district court's discussion, impressing upon a witness that she had a duty to tell the truth, is not obvious error under N.D.R.Ev. 603.
A comment on the defendant's post-arrest silence is an improper comment on the right to remain silent in violation of the Fifth and Fourteenth Amendments of the United States Constitution. But, the error is harmless if the State proves beyond a reasonable doubt that the comments did not contribute to the verdict and the error was harmless.
A non-cognizable offense is created by a logical inconsistency, not a lack of specificity in jury instructions.
A party waives an error when the party is given the opportunity to address it and intentionally relinquishes the opportunity.
Proof beyond a reasonable doubt of a "sexual act" as defined by statute is not satisfied by inference based on one interpretation of a vague term. The count requires a showing of contact between the victim's vulva, not just the victim's "body," and the defendant's mouth. A conviction based on insufficient evidence implicates constitutional due process and clearly affects substantial rights and the fairness, reputation, and integrity of the court system. An obvious error occurs when a defendant is convicted on insufficient evidence.
Under sufficiency of the evidence review, the uncorroborated testimony of a child may be sufficient to sustain a gross sexual imposition conviction.
When the defendant is charged with multiple counts of the same offense, the State has the burden to prove the defendant committed each offense. Each element requires proof of a different fact or element to distinguish the act as a separate punishable act. If a defendant is convicted of multiple counts on the same facts, then the second conviction, even if it results in no greater sentence, is an impermissible punishment. An obvious error occurs when a defendant is convicted of the same crime in two counts.

SCS Carbon Transport v. Malloy, et al. (consol. w/ 20230162-20230176) 2024 ND 109
Docket No.: 20230149
Filing Date: 5/30/2024
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Highlight: Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.

To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.

Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.

The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.

SCS Carbon Transport v. Erickson (consol w/ 20230149, 20230163-20230176) 2024 ND 109
Docket No.: 20230162
Filing Date: 5/30/2024
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Highlight: Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.

To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.

Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.

The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.

SCS Carbon Transport v. Hoge (consol w/ 20230149, 20230162, 20230164-20230176) 2024 ND 109
Docket No.: 20230163
Filing Date: 5/30/2024
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Highlight: Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.

To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.

Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.

The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.

SCS Carbon Transport v. Twardowski (cons. w/20230149, 162, 163 & 165-176) 2024 ND 109
Docket No.: 20230164
Filing Date: 5/30/2024
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Highlight: Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.

To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.

Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.

The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.

SCS Carbon Transport v. BRH (cons. w/20230149, 162-164 & 166-176) 2024 ND 109
Docket No.: 20230165
Filing Date: 5/30/2024
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Highlight: Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.

To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.

Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.

The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.

SCS Carbon Transport v. 8N2E Properties (cons. w/20230149, 162-165 & 167-176) 2024 ND 109
Docket No.: 20230166
Filing Date: 5/30/2024
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Highlight: Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.

To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.

Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.

The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.

SCS Carbon Transport v. Kuetemeyer (cons. w/20230149, 162-166 & 168-176) 2024 ND 109
Docket No.: 20230167
Filing Date: 5/30/2024
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Highlight: Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.

To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.

Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.

The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.

SCS Carbon Transport v. Hoge Farm (cons. w/20230149, 162-167 & 169-176) 2024 ND 109
Docket No.: 20230168
Filing Date: 5/30/2024
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Highlight: Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.

To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.

Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.

The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.

SCS Carbon Transport v. Hoge (cons. w/20230149, 162-168 & 170-176) 2024 ND 109
Docket No.: 20230169
Filing Date: 5/30/2024
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Highlight: Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.

To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.

Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.

The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.

SCS Carbon Transport v. Carrels (cons. w/20230149, 162-169 & 171-176) 2024 ND 109
Docket No.: 20230170
Filing Date: 5/30/2024
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Highlight: Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.

To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.

Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.

The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.

SCS Carbon Transport v. Staroba, et al. (cons. w/20230149, 162-170 & 172-176) 2024 ND 109
Docket No.: 20230171
Filing Date: 5/30/2024
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Highlight: Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.

To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.

Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.

The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.

SCS Carbon Transport v. Jordheim, et al. (cons. w/20230149, 162-171 & 173-176) 2024 ND 109
Docket No.: 20230172
Filing Date: 5/30/2024
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Highlight: Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.

To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.

Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.

The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.

SCS Carbon Transport v. Hayen (cons. w/20230149, 162-172 & 174-176) 2024 ND 109
Docket No.: 20230173
Filing Date: 5/30/2024
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Highlight: Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.

To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.

Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.

The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.

SCS Carbon Transport v. Waloch (cons. w/20230149, 162-173 & 175-176) 2024 ND 109
Docket No.: 20230174
Filing Date: 5/30/2024
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Highlight: Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.

To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.

Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.

The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.

SCS Carbon Transport v. Waloch, et al. (cons. w/20230149, 162-174 & 20230176) 2024 ND 109
Docket No.: 20230175
Filing Date: 5/30/2024
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Highlight: Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.

To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.

Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.

The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.

SCS Carbon Transport v. SPLJ (cons. w/20230149, 20230162-20230175) 2024 ND 109
Docket No.: 20230176
Filing Date: 5/30/2024
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Highlight: Judgment confirming right of entry for pre-condemnation examination and survey was not equivalent to a perpetual easement, because the authorized purposes all had a definite end point.

To establish a violation under either takings provision, challengers must demonstrate they have a property interest that is constitutionally protected.

Statute permitting pre-condemnation entry for survey and examination illustrates a longstanding background principle of state property law and reflects the original public meaning of state constitution's takings provision.

The entry statute limits the entry to the authorized purpose or mission of determining the location and necessary scope of private property taken to serve the greatest public benefit at the lowest cost in terms of private injury.

State v. Doyle 2024 ND 108
Docket No.: 20230292
Filing Date: 5/30/2024
Case Type: Appeal - Criminal - Homicide
Author: Bahr, Douglas Alan

Highlight: A witness testifies as an expert when the witness's answers are rooted exclusively in the witness's expertise or is not a product of the witness's investigation but instead reflects the witness's specialized knowledge. Under Rule 16(a)(1)(F), N.D.R.Crim.P, expert witness summaries must describe the witness's opinions, the bases and reasons for those opinions, and the witness's qualifications. The State's failure to comply with Rule 16(a)(1)(F) may impede a defendant's ability to prepare the defendant's defense.

Meuchel v. MR Properties 2024 ND 107
Docket No.: 20230211
Filing Date: 5/30/2024
Case Type: Appeal - Civil - Real Property
Author: Bahr, Douglas Alan

Highlight: The district court has discretion, either upon a motion by a party or on its own, to strike an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter in a pleading. A court may consider a motion to strike at any time. Specific performance is an equitable remedy and equitable principles must be followed in its use. Though specific performance is an equitable action, it is available to enforce agreements even though the injured party may have a legal remedy for damages, because in many cases an action for damages would not afford adequate relief. To be specifically enforceable, a contract must be complete in itself at least with respect to its essential and material terms. The district court cannot supply an important omission or complete a defective contract for the purpose of specific performance.

State v. Scully 2024 ND 106
Docket No.: 20240018
Filing Date: 5/30/2024
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: A criminal judgment for conspiracy to possess with intent to manufacture or deliver methamphetamine and unlawful possession of drug paraphernalia is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4).

State v. Reller 2024 ND 105
Docket No.: 20230393
Filing Date: 5/30/2024
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: We summarily affirm the criminal judgment under N.D.R.App.P. 35.1(a)(2) and (7).

State v. Alinder 2024 ND 104
Docket No.: 20230350
Filing Date: 5/30/2024
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam

Highlight: A criminal judgment entered after a jury found the defendant guilty of aggravated reckless driving is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

State v. Camperud 2024 ND 103
Docket No.: 20230370
Filing Date: 5/30/2024
Case Type: Appeal - Criminal - Sexual Offense
Author: Crothers, Daniel John

Highlight: The district court should impose the least severe sanction when determining the remedy for the State discovery violation. The level of appropriate sanction depends on the severity of the disclosure violation.

Estate of Almer 2024 ND 102
Docket No.: 20230365
Filing Date: 5/30/2024
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Crothers, Daniel John

Highlight: When interpreting a will the primary objective is to determine the testator's intent. Extrinsic evidence may be considered to resolve an ambiguity. A will is ambiguous if its language is susceptible to more than one reasonable interpretation.

A personal representative is a fiduciary who shall observe the standards of care applicable to trustees. A personal representative may be liable to interested persons for damage or loss resulting from breach of the personal representative's fiduciary duty to the same extent as a trustee of an express trust. Whether a personal representative breached a fiduciary duty is a question of fact.

A personal representative is entitled to receive reasonable attorney fees from an estate when he or she defends or prosecutes any proceeding in good faith, whether successful or not.

In the Matter of Reciprocal Discipline of Julie L. Bruggeman, a Member of the Bar of State of North Dakota 2024 ND 101
Docket No.: 20240111
Filing Date: 5/23/2024
Case Type: Discipline - Attorney - Reciprocal
Author: Per Curiam

State v. Anderson 2024 ND 100
Docket No.: 20230374
Filing Date: 5/16/2024
Case Type: Appeal - Criminal - Homicide
Author: Per Curiam

Highlight: A criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4).

Aune v. State 2024 ND 99
Docket No.: 20230273
Filing Date: 5/16/2024
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Tufte, Jerod E.

Highlight: A district court may dismiss an application without notice to the applicant if it does not rely on information outside the application and considers only materials contained in the application or embraced by the pleadings.

Postconviction relief proceedings are appropriately treated as a continuation of the criminal prosecution for purposes of N.D.C.C. § 29-15-21, and the applicant is not entitled to a new judge when the postconviction judge was also the trial judge.

A demand for a change of judge is not the proper route to remove a judge for bias. Rather, the judge assigned to the case should consider the claim of bias, not another judge.

Peltier v. State (consolidated w/20230391) 2024 ND 98
Docket No.: 20230392
Filing Date: 5/16/2024
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court's order on petitions is summarily affirmed under N.D.R.App.35.1(a)(2).

Armitage v. Armitage 2024 ND 97
Docket No.: 20230368
Filing Date: 5/16/2024
Case Type: Appeal - Civil - Child Support
Author: Bahr, Douglas Alan

Highlight: A district court's decision on primary residential responsibility is a
finding of fact reviewed under the clearly erroneous standard of review.
Under the clearly erroneous standard, this Court on appeal does not
reweigh the evidence nor reassess the credibility of witnesses, and this
Court will not retry a custody case or substitute its judgment for a district
court's initial primary residential responsibility decision merely because
this Court might have reached a different result.
The district court considers the best interests and welfare of the child
when deciding residential responsibility. That includes considering whether
one parent will better promote the welfare and best interests of the child
than the other; however, the analysis is not parent verses parent, or one
proposed parenting plan against the other proposed parenting plan.

State v. Rangel 2024 ND 96
Docket No.: 20230356
Filing Date: 5/16/2024
Case Type: Appeal - Criminal - Misc. Felony
Author: Bahr, Douglas Alan

Highlight: A criminal defendant may withdraw a guilty plea after sentencing
only by demonstrating a manifest injustice.
The defendant has the burden of proving withdrawal is necessary to
correct a manifest injustice.
The district court has discretion in finding whether a manifest
injustice necessitating the withdrawal of a guilty plea exists, and the court's
decision is reviewed for abuse of discretion.

Brown v. State 2024 ND 95
Docket No.: 20230364
Filing Date: 5/16/2024
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Bahr, Douglas Alan

Highlight: The definition of official detention does not preclude custody while on probation.

An unambiguous sentence pronouncement controls over an ambiguous sentence, whether oral or written.

When there is an ambiguity between two sentences, the record must be examined to determine the district court's intent.

Jung v. State 2024 ND 94
Docket No.: 20240031
Filing Date: 5/16/2024
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Bahr, Douglas Alan

Highlight: To succeed on a claim for ineffective assistance of counsel, the applicant must show: (1) counsel's representation fell below an objective standard of reasonableness, and (2) there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different.
When a defendant pleads guilty on the advice of counsel, the defendant may only attack the voluntary and intelligent character of the guilty plea.

State v. Castleman 2024 ND 93
Docket No.: 20230371
Filing Date: 5/16/2024
Case Type: Appeal - Criminal - Other
Author: Jensen, Jon J.

Highlight: Under N.D.R.Crim.P. 14 a defendant must show more than naked assertions that prejudice may occur based on the number of offenses being charged and instead must show he suffered substantial prejudice as a result of the joinder.

Interest of S.M.F. 2024 ND 92
Docket No.: 20240097
Filing Date: 5/16/2024
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: A juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Solberg v. Hennessy 2024 ND 91
Docket No.: 20230289
Filing Date: 5/16/2024
Case Type: Appeal - Civil - Malpractice
Author: McEvers, Lisa K. Fair

Highlight: Adverse or erroneous rulings do not, by themselves, demonstrate bias. Rather, for recusal to be warranted, a judge must be partial or there must be some external influence that creates an appearance of impropriety.

Orders denying motions for relief from judgment and for reconsideration are summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (4). Double costs and attorney's fees are awarded for defending this frivolous appeal.

Rivera-Rieffel v. State 2024 ND 90
Docket No.: 20230402
Filing Date: 5/16/2024
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)(2).

State v. Eggl 2024 ND 89
Docket No.: 20230376
Filing Date: 5/16/2024
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: A criminal judgment sentencing a defendant to 80 years imprisonment with 20 years suspended and 10 years supervised probation is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

SPOTTIE v. BAIUL-FARINA, et al. 2024 ND 88
Docket No.: 20230195
Filing Date: 5/2/2024
Case Type: Appeal - Civil - Real Property
Author: Crothers, Daniel John

Highlight: Wholesale adoption of proposed findings of fact and conclusions of law is disapproved.

District courts retain authority to revisit interlocutory orders until entry of final judgment.

Under the doctrine of merger, the provisions of an executory contract merge into an instrument conveying real property. Absent fraud or mistake, the conveying instrument alone governs determination of the rights of the parties to the transaction.

Recordation of a granting instrument is not necessary to effect a conveyance. Nor is it necessary for a plaintiff to present the original conveying instrument to prevail in quiet title action. In a quiet title action ownership may be established through evidence that a conveying instrument was delivered but subsequently lost.
The equitable defense of laches may be available when a party delays enforcing his rights and a change in conditions during the delay results in prejudice to an adverse party.

To have standing to litigate an issue a party must have suffered some injury from the putatively illegal action and the party must assert his own legal rights and interests and cannot rest his claim on the legal rights and interests of third parties.

Parties may contract to a fee recovery standard that is either looser or stricter than statutory standards.

State v. Williams 2024 ND 87
Docket No.: 20230300
Filing Date: 5/2/2024
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: A criminal judgment for attempted murder and conspiracy to commit murder is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4).

Glaum v. State 2024 ND 86
Docket No.: 20230236
Filing Date: 5/2/2024
Case Type: Appeal - Criminal - Misc. Felony
Author: McEvers, Lisa K. Fair

Highlight: Rule 58 of the North Dakota Supreme Court Administrative Rules addresses vexatious litigation. Litigation means any civil or disciplinary action or proceeding, including any appeal from an administrative agency, any review of a referee order by the district court, and any appeal to the supreme court. Rule 58 does not apply to criminal actions or documents filed in criminal actions.

An appeal from a vexatious litigant pre-filing order must be filed with the clerk of the supreme court within 60 days of service of notice of entry of the order. When there is no service of notice of entry of the order or evidence of actual knowledge of entry, the time for filing a notice of appeal does not begin to run.

A presiding judge may determine a person is a vexatious litigant based on the finding that in the immediately preceding seven-year period the person has commenced, prosecuted, or maintained as a self-represented party at least three litigations that have been finally determined adversely to that person.

If a response to the proposed pre-filing order is filed, the presiding judge may, in the judge's discretion, grant a hearing on the proposed order.

An appellant is precluded from challenging an order that was not appealed from in the notice of appeal and raising an issue for the first time on appeal.

Harris v. Oasis Petroleum, et al. 2024 ND 85
Docket No.: 20230279
Filing Date: 5/2/2024
Case Type: Appeal - Civil - Personal Injury
Author: McEvers, Lisa K. Fair

Highlight: A motion to alter or amend the judgment under N.D.R.Civ.P. 59(j) is reviewed for an abuse of discretion.
The question of who is a prevailing party under N.D.C.C. § 28-26-06 is a question of law, subject to de novo review.
A prevailing party in a tort action must at least prevail on the issues of negligence and proximate cause. There may not be a single prevailing party when opposing parties each prevail on some issues.
Under North Dakota's comparative fault statute, N.D.C.C. § 32-03.2-02, in the case of a contributorily negligent plaintiff, any damages allowed shall be diminished in proportion to the amount of negligence attributable to the person recovering. However, N.D.C.C. § 32-03.2-02 does not provide for any diminution in the costs and disbursements to be allowed to a recovering plaintiff.
A district court has the discretion to award a prevailing party costs and disbursements under N.D.C.C. § 28-26-06, without reduction by the party's percentage of fault. The law does not require a court to reduce costs awarded to the prevailing party based on its percentage of fault.

Field v. Field, et al. 2024 ND 84
Docket No.: 20230405
Filing Date: 5/2/2024
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: Under Rule 30(a), N.D.R.App.P., a party's references to evidence in any document on appeal must cite to items in the record. This Court does not consider documents that are not in the certified record. After an initial custody decision has been made, parenting time modifications are governed by N.D.C.C. § 14-05-22(2) and by standards set forth in caselaw. A parenting plan must include a provision on decision making responsibility under N.D.C.C. § 14-09-30(2)(a), and that responsibility must be allocated in the best interests of the child, N.D.C.C. § 14-09-31(2). A district court's decision on parenting time and decision making responsibility is a finding of fact subject to the clearly erroneous standard of review.

Interest of Skorick 2024 ND 83
Docket No.: 20230330
Filing Date: 5/2/2024
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Tufte, Jerod E.

Highlight: A district court must have sufficient factual findings to show a sexually dangerous individual continues to have an inability to control his behavior. Past conduct is relevant and may be considered with present conduct to determine if an individual continues to have an inability to control his behavior. Failure to attend treatment might demonstrate inability to control behavior just as violation of other institutional rules. The district court's findings are sufficient to show the individual continues to have an inability to control his behavior.

State v. Heintz (consolidated w/ 20230383-20230385) 2024 ND 82
Docket No.: 20230382
Filing Date: 5/2/2024
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: Orders for revocation of probation are summarily affirmed under N.D.R.App.P. 35.1(a)(4).

State v. Heintz (consolidated w/ 20230382, 20230384, & 20230385) 2024 ND 82
Docket No.: 20230383
Filing Date: 5/2/2024
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Orders for revocation of probation are summarily affirmed under N.D.R.App.P. 35.1(a)(4).

State v. Heintz (consolidated w/ 20230382, 20230383, & 20230385) 2024 ND 82
Docket No.: 20230384
Filing Date: 5/2/2024
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Orders for revocation of probation are summarily affirmed under N.D.R.App.P. 35.1(a)(4).

State v. Heintz (consolidated w/ 20230382-20230384) 2024 ND 82
Docket No.: 20230385
Filing Date: 5/2/2024
Case Type: Appeal - Criminal - Assault
Author: Per Curiam

Highlight: Orders for revocation of probation are summarily affirmed under N.D.R.App.P. 35.1(a)(4).