Opinions

State v. Grant 2023 ND 62
Docket No.: 20220279
Filing Date: 3/31/2023
Case Type: Appeal - Criminal - Homicide
Author: Bahr, Douglas Alan

Highlight: A Batson challenge includes a three-step inquiry: (1) A defendant must make a prima facie showing that a peremptory challenge has been exercised on the basis of race; (2) If that showing has been made, the prosecution must offer a race-neutral basis for striking the juror in question; and, (3) In light of the parties’ submissions, the trial court must determine whether the defendant has shown purposeful discrimination.

The burden for showing purposeful discrimination rests upon the opponent of the peremptory strike.

In reviewing challenges to the sufficiency of the evidence on appeal, the defendant bears the burden of showing the evidence reveals no reasonable inference of guilt when viewed in the light most favorable to the verdict.

State v. Grant 2023 ND 62
Docket No.: 20220279
Filing Date: 3/31/2023
Case Type: Appeal - Criminal - Homicide
Author: Bahr, Douglas Alan

State v. Tompkins 2023 ND 61
Docket No.: 20220270
Filing Date: 3/31/2023
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Jensen, Jon J.

Highlight: Section 39-08-01(1), N.D.C.C., provides that refusal to submit to a chemical test and driving or being in actual physical control while under the influence of an intoxicating liquor are separate offenses.

State v. Tompkins 2023 ND 61
Docket No.: 20220270
Filing Date: 3/31/2023
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Jensen, Jon J.

Interest of D.H. (CONFIDENTIAL) 2023 ND 60
Docket No.: 20230057
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

Highlight: A district court’s order for continued treatment is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Richardson v. State 2023 ND 59
Docket No.: 20220291
Filing Date: 3/31/2023
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).

Bauer v. Bauer 2023 ND 58
Docket No.: 20220330
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Child Support
Author: Bahr, Douglas Alan

Highlight: An amended judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).

State v. Linner 2023 ND 57
Docket No.: 20210362
Filing Date: 3/31/2023
Case Type: Appeal - Criminal - Sexual Offense
Author: Bahr, Douglas Alan

Highlight: The structural error doctrine applies to a narrow class of rights, including three Sixth Amendment rights defining the framework of a trial: the right to counsel, the right to self-represent, and the right to a public trial. Voir dire falls within the scope of public trials under the Sixth Amendment.

A structural error affects the framework within which a trial proceeds and therefore renders the trial fundamentally unfair or an unreliable vehicle for determining guilt or innocence.

When a transcript is available to the public after the trial, all of the values of public access are preserved.

The de novo standard of review to whether facts rise to the level of a constitutional violation, including a claim that prosecutorial misconduct denied a defendant’s due process right to a fair trial.

Appellate review of a criminal sentence is generally limited to determining whether the district court acted within the statutory sentencing limits or substantially relied upon an impermissible factor.

State v. Linner 2023 ND 57
Docket No.: 20210362
Filing Date: 3/31/2023
Case Type: Appeal - Criminal - Sexual Offense
Author: Bahr, Douglas Alan

State v. K.J.A. (Confidential) 2023 ND 56
Docket No.: 20220286
Filing Date: 3/31/2023
Case Type: Appeal - Criminal - Juvenile Law
Author: Jensen, Jon J.

Highlight: Section 25-03.3-04, N.D.C.C., precludes a court from destroying records early under N.D.R.Juv.P. 19(e) when the alleged offense is an offense defined in N.D.C.C. § 12.1-20 or N.D.C.C. § 12.1-27.2.