Opinions

E.R.J. v. T.L.B. (CONFIDENTIAL) 2023 ND 85
Docket No.: 20220199
Filing Date: 5/9/2023
Case Type: Appeal - Civil - Paternity
Author: Tufte, Jerod E.

Nodak Ins. Co. v. Farm Family Casualty Ins. Co., et al. 2023 ND 84
Docket No.: 20220114
Filing Date: 5/9/2023
Case Type: Appeal - Civil - Insurance
Author: Bahr, Douglas Alan

Highlight: Interpretation of an insurance policy is a question of law, fully reviewable on appeal.

If coverage hinges on an undefined term, the plain, ordinary meaning of the term applies in interpreting the contract.

While insurance policies are regarded as adhesion contracts and ambiguities are resolved in favor of the insured, a contract will not be rewritten to impose liability on an insurer if the policy unambiguously precludes coverage.

The phrase “similar insurance” used in an automatic termination or cessation provision means similar in type and in amount.

Nodak Ins. Co. v. Farm Family Casualty Ins. Co., et al. 2023 ND 84
Docket No.: 20220114
Filing Date: 5/9/2023
Case Type: Appeal - Civil - Insurance
Author: Bahr, Douglas Alan

Vacancy in Judgeship No. 3, NWJD 2023 ND 83
Docket No.: 20230068
Filing Date: 4/26/2023
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judgeship retained at Williston.

State v. Smith 2023 ND 82
Docket No.: 20220162
Filing Date: 4/26/2023
Case Type: Appeal - Criminal - Assault
Author: McEvers, Lisa K. Fair

Highlight: When a party asserts prosecutorial misconduct for the first time on appeal, this Court may review for obvious error.

Questioning by the State regarding relevant evidence in the case may not amount to a prosecutor stating his personal belief on a defendant’s claim of self-defense nor prosecutorial misconduct.

Questioning by the State will not warrant reversal when such questions were invited by the defense.

Questions regarding potential weaknesses of a defendant’s case does not amount to burden shifting, particularly when the jury is reminded numerous times throughout trial that the burden is on the State.

Non-public exchanges, such as brief sidebars or bench conferences, between counsel and the court on routine evidentiary issues, technical legal issues, and administrative issues are not public trial violations.

The district court does not abuse its discretion by allowing expert testimony when it found the testimony was relevant, not overly cumulative, and properly noticed.

State v. Smith 2023 ND 82
Docket No.: 20220162
Filing Date: 4/26/2023
Case Type: Appeal - Criminal - Assault
Author: McEvers, Lisa K. Fair

State v. Schaf 2023 ND 81
Docket No.: 20220323
Filing Date: 4/26/2023
Case Type: Appeal - Criminal - Sexual Offense
Author: Jensen, Jon J.

Highlight: The district court decides the qualifications of the witness to express an opinion on a given topic. The decision whether to admit expert witness testimony rests within the court’s discretion.

For a lesser-included-offense instruction, there must be evidence on which a jury could rationally find beyond a reasonable doubt that the defendant is not guilty of the greater offense and to find beyond a reasonable doubt that the defendant is guilty of the lesser. It also must be impossible to commit the greater offense without committing the lesser.

While a sexual contact charge may be a lesser included offense contained within a sexual act charge, the subsections of both offenses must be compatible and the evidence must support an inclusion.

An alleged error with jury instructions will be reviewed for obvious error when the instructions were not objected to at trial and proposed instructions were not provided to the district court.

Voluntary intoxication is irrelevant to a crime of general intent.

State v. Schaf 2023 ND 81
Docket No.: 20220323
Filing Date: 4/26/2023
Case Type: Appeal - Criminal - Sexual Offense
Author: Jensen, Jon J.

State v. Hannesson 2023 ND 80
Docket No.: 20220244
Filing Date: 4/26/2023
Case Type: Appeal - Criminal - Misc. Felony
Author: McEvers, Lisa K. Fair

Highlight: Ordering a mistrial is an extreme remedy that is only appropriate when there is a fundamental defect or occurrence at trial that makes it evident that continuing would be productive of manifest injustice.

Curative jury instructions will generally remove prejudice caused by a prosecutor’s improper statements because a jury is presumed to follow the district court’s instructions.

State v. Hannesson 2023 ND 80
Docket No.: 20220244
Filing Date: 4/26/2023
Case Type: Appeal - Criminal - Misc. Felony
Author: McEvers, Lisa K. Fair

Hanson v. Hettervig, et al. 2023 ND 79
Docket No.: 20220261
Filing Date: 4/26/2023
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: An order of contempt and an amended order of contempt and award of attorney’s fees are summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).

Hanson v. Hettervig, et al. 2023 ND 79
Docket No.: 20220261
Filing Date: 4/26/2023
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Fietzek v. Fietzek 2023 ND 78
Docket No.: 20220236
Filing Date: 4/26/2023
Case Type: Appeal - Civil - Divorce - Property
Author: Jensen, Jon J.

Highlight: A district court’s finding on a valuation of real property is not clearly erroneous if it is within the range of evidence presented.

A district court’s finding on economic fault will not be reversed unless the finding is clearly erroneous.

A district court has broad discretion to award attorney’s fees.

An award of spousal support must be supported by sufficient findings.

Fietzek v. Fietzek 2023 ND 78
Docket No.: 20220236
Filing Date: 4/26/2023
Case Type: Appeal - Civil - Divorce - Property
Author: Jensen, Jon J.

State v. Frederick 2023 ND 77
Docket No.: 20220070
Filing Date: 4/26/2023
Case Type: Appeal - Criminal - Assault
Author: Jensen, Jon J.

Highlight: In the instance of an alleged public trial violation, an appellant must demonstrate the public was excluded from a proceeding taking place during trial, and that the proceeding was substantive in nature.

A district court closing a proceeding to the public is significantly different from the court failing to make an adequate record of a bench conference conducted in an open trial. An inadequate record is not equivalent to a closed trial.

To demonstrate that an inadequate record affects a defendant’s substantial rights, the defendant must demonstrate the record cannot be adequately supplemented or reconstructed.

A violation of Appendix 1, Standard 7(d), N.D. Sup. Ct. Admin. R. 9 is not per se reversible error.

State v. Frederick 2023 ND 77
Docket No.: 20220070
Filing Date: 4/26/2023
Case Type: Appeal - Criminal - Assault
Author: Jensen, Jon J.

Sandberg v. WSI, et al. 2023 ND 76
Docket No.: 20220354
Filing Date: 4/13/2023
Case Type: Appeal - Administrative - Workers Compensation
Author: Jensen, Jon J.

Sandberg v. WSI, et al. 2023 ND 76
Docket No.: 20220354
Filing Date: 4/13/2023
Case Type: Appeal - Administrative - Workers Compensation
Author: Jensen, Jon J.

Highlight: WSI can exercise continuing jurisdiction under N.D.C.C. § 65-05-04, but is limited by the law-of-the-case doctrine.

N.D.C.C. § 65-05-15 applies when a prior injury known in advance of the work injury has caused previous interference with physical function, the progression of which is substantially worsened by a compensable injury.

Estate of Lindbo 2023 ND 75
Docket No.: 20220326
Filing Date: 4/13/2023
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Bahr, Douglas Alan

Highlight: A personal representative is entitled to reasonable compensation for the personal representative’s services.

A district court’s decision whether to award personal representative’s fees will not be reversed on appeal absent an abuse of discretion. The court’s underlying findings of fact will be upheld unless clearly erroneous.

Estate of Lindbo 2023 ND 75
Docket No.: 20220326
Filing Date: 4/13/2023
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Bahr, Douglas Alan

Krueger v. Krueger 2023 ND 74
Docket No.: 20220333
Filing Date: 4/13/2023
Case Type: Appeal - Civil - Divorce - Property
Author: Per Curiam

Highlight: A district court’s order on spousal support and contempt is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Interest of K.B. (CONFIDENTIAL) 2023 ND 73
Docket No.: 20230086
Filing Date: 4/13/2023
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

Highlight: An order requiring hospitalization is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Interest of J.S. (CONFIDENTIAL) 2023 ND 72
Docket No.: 20230062
Filing Date: 4/13/2023
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

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

Jahner v. NDDHS 2023 ND 71
Docket No.: 20220313
Filing Date: 4/13/2023
Case Type: Appeal - Civil - Administrative Proceeding
Author: Crothers, Daniel John

Highlight: This Court exercises limited review in appeals from administrative agency decisions. However, the application and interpretation of a statute is a question of law, which is fully reviewable in an administrative appeal.

Jahner v. NDDHS 2023 ND 71
Docket No.: 20220313
Filing Date: 4/13/2023
Case Type: Appeal - Civil - Administrative Proceeding
Author: Crothers, Daniel John

State v. Jacobs 2023 ND 70
Docket No.: 20220280
Filing Date: 4/13/2023
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

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

State v. Jacobs 2023 ND 70
Docket No.: 20220280
Filing Date: 4/13/2023
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Jones v. Rath 2023 ND 69
Docket No.: 20220239
Filing Date: 4/13/2023
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: A disorderly conduct restraining order must be supported by specific findings of intent to adversely affect the safety, security, or privacy of another person.

Jones v. Rath 2023 ND 69
Docket No.: 20220239
Filing Date: 4/13/2023
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

State v. Neugebauer 2023 ND 68
Docket No.: 20220174
Filing Date: 4/13/2023
Case Type: Appeal - Criminal - Homicide
Author: McEvers, Lisa K. Fair

Highlight: A criminal sentence finalized before enactment of a statute cannot be reduced.
Statutes are not retroactive unless expressly declared to be so.
Statutes enacted in response to United States Supreme Court cases are not an idle act by the Legislature.

State v. Neugebauer 2023 ND 68
Docket No.: 20220174
Filing Date: 4/13/2023
Case Type: Appeal - Criminal - Homicide
Author: McEvers, Lisa K. Fair

Whetsel v. State 2023 ND 67
Docket No.: 20220351
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

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

Whetsel v. State 2023 ND 67
Docket No.: 20220351
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Martinez v. State 2023 ND 66
Docket No.: 20220281
Filing Date: 3/31/2023
Case Type: Appeal - Criminal - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court order denying an application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Kluver, et al. v. SGJ Holdings, et al. 2023 ND 65
Docket No.: 20220132
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.

Highlight: A party moving for a new trial is limited on appeal to the issues raised in its new trial motion.

A district court considering a new trial motion based on insufficiency of the evidence may set aside a jury verdict when, in considering and weighing all the evidence, the court’s judgment tells it the verdict is wrong because it is manifestly against the weight of the evidence.

A qualified privilege does not provide immunity from liability for defamation if the privilege is abused. To defeat a qualified privilege under N.D.C.C. § 14-02-05(3), the plaintiff must prove actual malice by showing the statement was made with malice in fact, ill will, or wrongful motive.

Kluver, et al. v. SGJ Holdings, et al. 2023 ND 65
Docket No.: 20220132
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.

Wilkinson v. State 2023 ND 64
Docket No.: 20220282
Filing Date: 3/31/2023
Case Type: Appeal - Civil - 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)(2).

Wilkinson v. State 2023 ND 64
Docket No.: 20220282
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Secura Supreme Ins. Co., et al. v. Differding, et al. 2023 ND 63
Docket No.: 20220213
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Insurance
Author: McEvers, Lisa K. Fair

Highlight: An insurance policy is a contract. An insurance contract relates to the parties executing it. Litigants cannot claim estoppel based on policies to which they are not a party; nor can they claim waiver of a provision in a policy they have no right to enforce.

Secura Supreme Ins. Co., et al. v. Differding, et al. 2023 ND 63
Docket No.: 20220213
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Insurance
Author: McEvers, Lisa K. Fair

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.

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.

Senske Rentals, et al. v. City of Grand Forks 2023 ND 55
Docket No.: 20220222
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Administrative Proceeding
Author: McEvers, Lisa K. Fair

Highlight: The appellate court has discretion whether to grant a parties’ request for judicial notice on appeal.

A court's review of special assessments for local improvements is limited to assuring that local taxing authorities do not act arbitrarily, capriciously, or unreasonably.

Special assessments for local improvements are presumed valid, and the burden is on the party challenging the validity to demonstrate they are invalid. A special assessment against any property must not exceed the benefit the property receives from the improvement.

An adequate record for review of a special assessment commission’s determination must include a showing of how the commission determined the project benefit.

A special assessment commission has broad discretion to choose the method used to decide benefits and assess individual properties.

Issues not raised in the district court cannot be raised for the first time on appeal.

Senske Rentals, et al. v. City of Grand Forks 2023 ND 55
Docket No.: 20220222
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Administrative Proceeding
Author: McEvers, Lisa K. Fair

Pozorski, et al. v. Trucks, Trailers & More, et al. 2023 ND 54
Docket No.: 20220267
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Contracts
Author: Per Curiam

Highlight: A district court judgment dismissing a party’s claims is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Pozorski, et al. v. Trucks, Trailers & More, et al. 2023 ND 54
Docket No.: 20220267
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Contracts
Author: Per Curiam

Goetz v. Goetz, et al. 2023 ND 53
Docket No.: 20220231
Filing Date: 7/7/2023
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: A district court must make specific findings regarding whether a material change in circumstances resulted in a general decline or adversely affected the children in order to modify primary residential responsibility.

Goetz v. Goetz, et al. 2023 ND 53
Docket No.: 20220231
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Matter of O.H.W. (CONFIDENTIAL) 2023 ND 52
Docket No.: 20220263
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

Highlight: A district court’s order denying an application for discharge from civil commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Matter of O.H.W. (CONFIDENTIAL) 2023 ND 52
Docket No.: 20220263
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

Rath v. Rath, et al. 2023 ND 51
Docket No.: 20220240
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: Under N.D.R.Civ.P. 83(b), when a procedure is not specified, the district court may regulate its practice in any manner that is not inconsistent with a statute or rule.

Rath v. Rath, et al. 2023 ND 51
Docket No.: 20220240
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Wrigley v. Romanick, et al. 2023 ND 50
Docket No.: 20220260
Filing Date: 3/16/2023
Case Type: Original Proceeding - Civil - Writ of Supervision
Author: Jensen, Jon J.

Highlight: There is a fundamental right for a woman to obtain an abortion in instances where it is necessary to preserve her life or health.

Access Independent Health Services, Inc., d/b/a Red River Women’s Clinic has a substantial likelihood of succeeding in establishing N.D.C.C. § 12.1-31-12 is not narrowly tailored to the State’s compelling interests.

A granting of a preliminary injunction will not be overturned unless the district court abused its discretion.

Wrigley v. Romanick, et al. 2023 ND 50
Docket No.: 20220260
Filing Date: 3/16/2023
Case Type: Original Proceeding - Civil - Writ of Supervision
Author: Jensen, Jon J.

Interest of C.V. 2023 ND 49
Docket No.: 20230040
Filing Date: 3/16/2023
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: An appeal from a juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(4)

Brockmeyer v. Brockmeyer, et al. 2023 ND 48
Docket No.: 20220192
Filing Date: 3/16/2023
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: Issues not necessary to the determination of an appeal will not be addressed.

The district court may rely on pre-divorce conduct when determining a custody matter when it was unaware of the conduct prior to the time of the hearing.

Issues not argued to the district court will not be considered for the first time on appeal.
A district court’s order denying a motion to modify primary residential responsibility is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Brockmeyer v. Brockmeyer, et al. 2023 ND 48
Docket No.: 20220192
Filing Date: 3/16/2023
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

State v. Watts 2023 ND 47
Docket No.: 20220206
Filing Date: 3/16/2023
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Crothers, Daniel John

Highlight: Evidence not stricken from the record, or for which the jury was not instructed to disregard, remains available for the jury’s consideration.

Sufficient evidence for a conviction exists if based on the evidence a jury could draw a reasonable inference of guilt.

An objection must be made to preserve each alleged issue for appeal. Without an objection, the alleged issue is reviewed for obvious error.

An individual who has pleaded guilty or been found guilty of indecent exposure is required to register as a sexual offender. The district court may deviate from this requirement, if specified conditions exist.

State v. Watts 2023 ND 47
Docket No.: 20220206
Filing Date: 3/16/2023
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Crothers, Daniel John

State v. Hanson 2023 ND 46
Docket No.: 20220215
Filing Date: 3/16/2023
Case Type: Appeal - Criminal - Misc. Felony
Author: McEvers, Lisa K. Fair

Highlight: Comments from the State focusing on inconsistencies in a defendant’s case do not amount to prosecutorial misconduct.

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

State v. Hanson 2023 ND 46
Docket No.: 20220215
Filing Date: 3/16/2023
Case Type: Appeal - Criminal - Misc. Felony
Author: McEvers, Lisa K. Fair

Crichlow v. Andrews 2023 ND 45
Docket No.: 20220204
Filing Date: 3/16/2023
Case Type: Appeal - Civil - Divorce - Property
Author: Crothers, Daniel John

Highlight: A district court must consider all of the parties’ assets and debts, including separate property, to ensure an equitable distribution of the marital estate.

A district court does not have discretion to include in the marital estate property acquired after the valuation date.

Crichlow v. Andrews 2023 ND 45
Docket No.: 20220204
Filing Date: 3/16/2023
Case Type: Appeal - Civil - Divorce - Property
Author: Crothers, Daniel John

State v. Isaak 2023 ND 44
Docket No.: 20220031
Filing Date: 3/16/2023
Case Type: Appeal - Criminal - Homicide
Author: McEvers, Lisa K. Fair

Highlight: An abatement ab initio of a criminal prosecution means a dismissal of all proceedings in the prosecution from its inception.
Abatement ab initio in criminal proceedings is inconsistent with N.D. Const. art. I, § 25.
Appeals will be dismissed as moot when no actual controversy is left to be decided unless a decision would have collateral consequences.

State v. Isaak 2023 ND 44
Docket No.: 20220031
Filing Date: 3/16/2023
Case Type: Appeal - Criminal - Homicide
Author: McEvers, Lisa K. Fair

4201 2nd Ave W v. First State Bank & Trust, et al. 2023 ND 43
Docket No.: 20220309
Filing Date: 3/16/2023
Case Type: Appeal - Civil - Contracts
Author: Jensen, Jon J.

Highlight: Secured creditors may recover on a debt by proceeding against all collateral in a single action or by proceeding against personal property after foreclosing a real property mortgage securing the same debt.

An existing lien on collateral, when acknowledged by a subsequent party taking an interest in that collateral, will remain foreclosable by the secured party maintaining the lien.

Privity exists when one is so identified in interest with another that the person represents the same legal right.

The plain language of a contract is used to determine the parties’ intent.

4201 2nd Ave W v. First State Bank & Trust, et al. 2023 ND 43
Docket No.: 20220309
Filing Date: 3/16/2023
Case Type: Appeal - Civil - Contracts
Author: Jensen, Jon J.

Kainz, et al. v. Jacam Chemical Co. 2013 2023 ND 42
Docket No.: 20220135
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Employer/Employee Dispute
Author: Bahr, Douglas Alan

Highlight: An order that has the practical effect of terminating the litigation in the Plaintiff’s chosen forum and effectively forecloses litigation in the courts of this state may be appealable.

The mere pendency of a legal action in one state, alone, does not require abating an action in a second state involving the same parties and the same subject matter.

Under the principles of comity, the district court has discretion to stay an action properly within its jurisdiction until a court in another jurisdiction concludes litigation involving the same parties and subject matter.

Kainz, et al. v. Jacam Chemical Co. 2013 2023 ND 42
Docket No.: 20220135
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Employer/Employee Dispute
Author: Bahr, Douglas Alan

Henry Hill Oil Services v. Tufto, et al. 2023 ND 41
Docket No.: 20220212
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Crothers, Daniel John

Highlight: A construction lien covers the land on which an improvement is located to the extent of the right, title, and interest of the owner for whose use or benefit the labor was done or materials furnished.

A property owner that successfully contests the validity or accuracy of a construction lien is entitled to an award of costs and attorney’s fees.

Henry Hill Oil Services v. Tufto, et al. 2023 ND 41
Docket No.: 20220212
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Crothers, Daniel John

Interest of Sternberg 2023 ND 40
Docket No.: 20220147
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Tufte, Jerod E.

Highlight: In civil commitment hearings, the State is burdened with demonstrating by clear and convincing evidence that an individual is a sexually dangerous individual. To do so, the State must establish three statutory elements.

Additionally, the State must establish the individual has serious difficulty in controlling behavior, as required by substantive due process.

Interest of Sternberg 2023 ND 40
Docket No.: 20220147
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Tufte, Jerod E.

Interest of A.P. (CONFIDENTIAL) 2023 ND 39
Docket No.: 20220201
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Juvenile Law
Author: Bahr, Douglas Alan

Highlight: The right to appeal is statutory. If no statutory basis exists for an appeal, the court lacks appellate jurisdiction and must dismiss the appeal.

In juvenile matters, an aggrieved party, including the state or a subdivision of the state, may appeal from a final order, judgment, or decree of the juvenile court by filing written notice of appeal.

Interest of A.P. (CONFIDENTIAL) 2023 ND 39
Docket No.: 20220201
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Juvenile Law
Author: Bahr, Douglas Alan

Olympic Financial Group, et al. v. ND Dep't of Financial Institutions 2023 ND 38
Docket No.: 20210361
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Other
Author: Jensen, Jon J.

Highlight: Ordinarily, a dismissal without prejudice is not appealable because either side may commence another action.

A dismissal without prejudice may be final and appealable if the plaintiff cannot cure the defect that led to dismissal or if it has the practical effect of terminating the litigation in the plaintiff’s chosen forum.

A district court’s authority to grant declaratory relief requires the exhaustion of administrative remedies.

Olympic Financial Group, et al. v. ND Dep't of Financial Institutions 2023 ND 38
Docket No.: 20210361
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Other
Author: Jensen, Jon J.

Miller, et al. v. Nodak Ins. Co. 2023 ND 37
Docket No.: 20210341
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Insurance
Author: Jensen, Jon J.

Highlight: Interpretation of an insurance policy presents a question of law, reviewed de novo on appeal.

Exclusions from coverage must be clear and explicit and are strictly construed against the insurer.

While exclusionary clauses are strictly construed, an insurance contract will not be rewritten to impose liability when the policy language unambiguously precludes coverage.

Miller, et al. v. Nodak Ins. Co. 2023 ND 37
Docket No.: 20210341
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Insurance
Author: Jensen, Jon J.

Arthaud v. Fuglie 2023 ND 36
Docket No.: 20220234
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Other
Author: Jensen, Jon J.

Highlight: The Uniform Single Publication Act precludes the discovery rule from applying to statements made to the public.

Arthaud v. Fuglie 2023 ND 36
Docket No.: 20220234
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Other
Author: Jensen, Jon J.

Boutrous, et al. v. Transform Operating Stores, et al. 2023 ND 35
Docket No.: 20220090
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Landlord/Tenant
Author: Per Curiam

Highlight: A summary eviction action may be brought to recover the possession of real estate if a lessee violates a material term of the written lease agreement between the lessor and lessee.

Whether a lease has been fully complied with should be treated as a finding of fact because the rules of construction relating to contracts generally apply to the construction of leases.

In a bench trial, the district court is the determiner of credibility issues and we will not second-guess the district court on its credibility determinations. Findings of the trial court are presumptively correct.

An order holding a person in contempt is a final order for purposes of appeal. A contempt order is immediately appealable.

Boutrous, et al. v. Transform Operating Stores, et al. 2023 ND 35
Docket No.: 20220090
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Landlord/Tenant
Author: Per Curiam

State v. McLaughlin 2023 ND 34
Docket No.: 20220252
Filing Date: 3/3/2023
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: A criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(8) and (4).

State v. McLaughlin 2023 ND 34
Docket No.: 20220252
Filing Date: 3/3/2023
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Nevin, et al. v. Kennedy, et al. 2023 ND 33
Docket No.: 20220136
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Crothers, Daniel John

Highlight: The primary purpose in interpreting a deed is to ascertain the grantor’s intent.

Deeds are interpreted to give effect to the mutual intention of the parties as it existed at the time of contracting. A contract may be explained by reference to the circumstances under which it was made and the matter to which it relates.

Nevin, et al. v. Kennedy, et al. 2023 ND 33
Docket No.: 20220136
Filing Date: 3/3/2023
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Crothers, Daniel John

Queen v. Martel, et al. 2023 ND 32
Docket No.: 20220121
Filing Date: 10/4/2022
Case Type: Appeal - Civil - Child Support
Author: Tufte, Jerod E.

Highlight: An award of equal residential responsibility of a minor child is remanded to the district court to make specific findings of fact on whether the domestic violence rebuttable presumption under N.D.C.C. § 14-09-06.2(1)(j) is triggered and, if so, whether the presumption is rebutted.

Interest of V.C. (CONFIDENTIAL) 2023 ND 31
Docket No.: 20220381
Filing Date: 2/16/2023
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

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

Interest of V.C. (CONFIDENTIAL) 2023 ND 31
Docket No.: 20220381
Filing Date: 2/16/2023
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Krogstad v. State 2023 ND 30
Docket No.: 20220264
Filing Date: 2/16/2023
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: An order dismissing an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).