Opinions
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State v. Gaddie
2022 ND 44
Highlight: The purpose of jury instructions is to correctly and adequately advise the jury of the applicable law. Jury instruction must not be misleading or confusing. A conviction will be reversed based on an erroneous jury instruction only if it relates to a central subject in the case and affects a defendant’s substantial rights. |
Malloy, et al. v. Behrens
2022 ND 43
Highlight: An appeal is not moot when the appellant fails to request a stay on an order directing the sale of homestead property if the property was sold to a party interested in the action and the sale is not yet final. |
Vacancy in Judgeship No. 6, ECJD
2022 ND 42 Highlight: Judgeship retained at Fargo. |
Baker v. Autos, Inc., et al.
2022 ND 41
Highlight: A district court’s decision on a motion for a new trial is reviewed for abuse of discretion. |
City of Jamestown v. Kastet
2022 ND 40
Highlight: A defendant is entitled to a jury instruction on a legal defense if there is evidence to support it. |
Taylor v. Taylor
2022 ND 39
Highlight: An attempted appeal from an order for judgment will be treated as an appeal from a subsequently entered consistent judgment, if one exists. |
State v. Samaniego
2022 ND 38
Highlight: The force required for gross sexual imposition is that which compels the victim to submit. |
Lovett v. Lovett, et al.
2022 ND 37 Highlight: An issue is moot when the determination sought will not have any practical legal effect upon a then-existing controversy. |
Whetsel v. State
2022 ND 36 Highlight: An applicant for post-conviction relief has a statutory right to counsel in post-conviction proceedings, but an applicant may not claim he received ineffective assistance of post-conviction counsel. |
Pavlicek v. American Steel Systems, Inc., et al.
2022 ND 35
Highlight: Property damage caused by faulty workmanship is a covered occurrence under an insurance policy to the extent the faulty workmanship causes bodily injury or property damage to property other than the insured’s defective work product. |