Opinions

Interest of T.H.P.B. (CONFIDENTIAL) 2023 ND 107
Docket No.: 20230106
Filing Date: 5/30/2023
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

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

State v. Sanchez 2023 ND 106
Docket No.: 20220335
Filing Date: 5/30/2023
Case Type: Appeal - Criminal - Sexual Offense
Author: McEvers, Lisa K. Fair

Highlight: The district court abuses its discretion when it allows testimony regarding statements made by a victim before the victim testifies and is subject to cross-examination regarding those statements.

Allowing testimony regarding statements made by a victim before the victim testifies and is subject to cross-examination regarding those statements will be considered harmless if the testimony of the witnesses was merely cumulative to that of the victim.

Substantial evidence existed to support the conviction and is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Brown v. State 2023 ND 105
Docket No.: 20220341
Filing Date: 5/30/2023
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. 35.1(a)(2).

An attorney’s actions during voir dire are considered matters of trial strategy.

An unsuccessful trial strategy does not make defense counsel’s assistance defective, and we will not second-guess counsel’s defense strategy through the distorting effects of hindsight.

State v. Johnson 2023 ND 104
Docket No.: 20220331
Filing Date: 5/30/2023
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: Convictions of domestic violence and false information or report to law enforcement are summarily affirmed under N.D.R.App.P. 35.1(a)(7).

State v. Johnson 2023 ND 104
Docket No.: 20220331
Filing Date: 5/30/2023
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Rocket Dogs K-9 Aquatics & Wellness Center v. Derheim, et al. 2023 ND 103
Docket No.: 20220246
Filing Date: 5/30/2023
Case Type: Appeal - Civil - Other
Author: Bahr, Douglas Alan

Highlight: An attorney may not compromise a client’s claims in the absence of express authority, and an attorney may not waive a client’s substantial rights without the client’s consent. Whether an attorney has been given express authority to settle a claim normally presents a question of fact.

The trial court may take one of three possible avenues to decide a motion to enforce a settlement agreement: (1) hold an evidentiary hearing on the motion to determine disputed facts and then enter judgment after taking evidence to prove the agreement and any defenses that the nonmoving party may proffer, (2) dispose of the motion on the pleadings, or (3) treat the motion as akin to one for summary judgment.

Whether a party is entitled to a jury trial depends on whether the case is an action at law or a claim in equity. Historically, specific performance has been an equitable remedy, and no jury trial is available on such claims.

When conflicting testimony is presented, our ability to examine a cold record is a poor substitute for the fact finder’s opportunity to observe the demeanor of the witnesses.

Rocket Dogs K-9 Aquatics & Wellness Center v. Derheim, et al. 2023 ND 103
Docket No.: 20220246
Filing Date: 5/30/2023
Case Type: Appeal - Civil - Other
Author: Bahr, Douglas Alan

State v. Heinrich 2023 ND 102
Docket No.: 20220339
Filing Date: 5/30/2023
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: A criminal judgment entered after a jury convicted defendant of one count of continuous sexual abuse of a child and two counts of promoting obscenity to minors is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

State v. Heinrich 2023 ND 102
Docket No.: 20220339
Filing Date: 5/30/2023
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Blue Steel Oil and Gas v. NDIC, et al. 2023 ND 101
Docket No.: 20220359
Filing Date: 5/30/2023
Case Type: Appeal - Civil - Administrative Proceeding
Author: Crothers, Daniel John

Highlight: An operator of oil and gas wells may impose a statutory penalty on a mineral owner who does not lease or participate in the risks and cost of drilling.

A risk penalty may be imposed only if an operator has made a good-faith attempt to lease from a non-participating mineral owner.