Opinions

Pinks, et al. v. Kelsch, et al. 2024 ND 15
Docket No.: 20230161
Filing Date: 2/8/2024
Case Type: Appeal - Civil - Malpractice
Author: McEvers, Lisa K. Fair

Highlight: A two-pronged test is used when determining whether an interlocutory order is appealable. First, the order appealed from must meet one of the statutory criteria of appealability set forth in N.D.C.C. § 28-27-02. If it does, then Rule 54(b) under the North Dakota Rules of Civil Procedure must be complied with. An appeal will not be considered in a multi-claim or multi-party case which disposes of fewer than all claims against all parties unless the district court has first independently assessed the case and determined that a Rule 54(b) certification is appropriate.

Swanson v. State 2024 ND 14
Docket No.: 20230249
Filing Date: 1/22/2024
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: An order denying a petition for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).

Interest of R.S. 2024 ND 13
Docket No.: 20230410
Filing Date: 1/22/2024
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

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

Interest of R.S. 2024 ND 13
Docket No.: 20230410
Filing Date: 1/22/2024
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

Stancel v. Stancel, et al. 2024 ND 12
Docket No.: 20230287
Filing Date: 1/22/2024
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: A district court divorce judgment and order denying cross motions for contempt are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Plaisimond v. State 2024 ND 11
Docket No.: 20230252
Filing Date: 1/22/2024
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court’s order for denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Estate of Lindberg 2024 ND 10
Docket No.: 20230102
Filing Date: 1/22/2024
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Tufte, Jerod E.

Highlight: Before we consider the merits of an appeal, we must first confirm we have jurisdiction. A motion filed under N.D.R.Civ.P. 59(j) and 60(b)(6) within 28 days of the notice of entry of judgment or order tolls the time to appeal under N.D.R.App.P. 4(a)(3)(A)(iv) and (vi).

“Genetic father” means the man whose sperm fertilized the egg of a child’s genetic mother. If the father-child relationship is established under the presumption of paternity under subdivision a, b, or c of subsection 2 of section 14-20-07, the term means only the man for whom that relationship is established.

A presumption of paternity requires the presumptive father, for the first two years of the child’s life, to reside in the same household with the child and openly hold the child out as his own.

When the spouse of a genetic parent adopts an individual, the individual adoptee obtains a parent-child relationship with the adoptive step-parent but may still inherit from the other genetic parent.

Interest of J.C. (CONFIDENTIAL)(consolidated w/ 20230378) 2024 ND 9
Docket No.: 20230377
Filing Date: 1/22/2024
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Bahr, Douglas Alan

Highlight: A juvenile court errs when it relies on facts which are outside of the evidentiary record when exercising its discretion to terminate parental rights.

Hoover v. NDDOT 2024 ND 8
Docket No.: 20230226
Filing Date: 1/22/2024
Case Type: Appeal - Civil - Administrative Proceeding
Author: Bahr, Douglas Alan

Highlight: An administrative agency does not afford a petitioner a fair hearing when the agency receives exhibits into evidence without first providing the petitioner the opportunity to examine them.

State v. Williamson 2024 ND 7
Docket No.: 20230205
Filing Date: 1/10/2024
Case Type: Appeal - Criminal - Sexual Offense
Author: Bahr, Douglas Alan

Highlight: Section 12.1-32-02(2), N.D.C.C., requires a district court include any credit for sentence reductions in the criminal judgment.

State v. Williamson 2024 ND 7
Docket No.: 20230205
Filing Date: 1/10/2024
Case Type: Appeal - Criminal - Sexual Offense
Author: Bahr, Douglas Alan

State v. Salou 2024 ND 6
Docket No.: 20230196
Filing Date: 1/10/2024
Case Type: Appeal - Criminal - Misc. Felony
Author: Tufte, Jerod E.

Highlight: Rule 28(b)(7)(B), N.D.R.App.P., requires an appellant’s brief to have a statement of the applicable standard of review and a citation to the record showing that the issue was preserved for review, or a statement of grounds for seeking review of an issue that was not preserved. A preserved evidentiary issue is reviewed under the abuse of discretion standard, and an unpreserved evidentiary issue is reviewed for obvious error.

There was sufficient evidence for a jury to draw an inference reasonably tending to prove the charged offense.

State v. Gietzen 2024 ND 5
Docket No.: 20230181
Filing Date: 1/10/2024
Case Type: Appeal - Criminal - Misc. Felony
Author: Tufte, Jerod E.

Highlight: The State’s accompanying statement filed with the notice of appeal must explain the relevance of the suppressed evidence and not merely paraphrase the statutory language. But the Court may consider the appeal if the facts clearly demonstrate the relevance of the suppressed evidence.

The scope of a driver’s consent to search a vehicle may or may not extend to all property in the vehicle. Whether a driver’s consent to search a vehicle extends to particular containers within the vehicle may depend on whether the container has identifying markings or characteristics indicating ownership by someone other than the driver.

The State has the burden to prove a person consented to a search. To sustain a finding of consent, the State must show affirmative conduct by the person alleged to have consented that is consistent with the giving of consent, rather than merely showing that the person took no affirmative actions to stop the police from searching.

State v. Gonzalez 2024 ND 4
Docket No.: 20230133
Filing Date: 1/10/2024
Case Type: Appeal - Criminal - Sexual Offense
Author: McEvers, Lisa K. Fair

Highlight: The August 1, 2021 amendment to N.D.C.C. § 12.1-32-07(6) does not apply retroactively.

When an original sentence was entered prior to August 1, 2021, the pre-amendment version of N.D.C.C. § 12.1-32-07(6) limits a district court’s ability to resentence a defendant to no more than the previously imposed, but suspended, sentence.

The pre-amendment version of N.D.C.C. § 12.1-32-07(6) restrains a district court’s discretion to impose consecutive sentences, in cases where the original sentence was imposed before the statute was amended, and the suspended sentence was to run concurrently.

Yalartai v. Miller, et al. 2024 ND 3
Docket No.: 20230159
Filing Date: 1/10/2024
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: An order issued without notice to the parties is not appealable under N.D.C.C. § 28-27-02(7). Relief from an order made without notice must first be sought in the district court.

Larson Latham Huettl v. Vetter 2024 ND 2
Docket No.: 20230113
Filing Date: 1/10/2024
Case Type: Appeal - Civil - Contracts
Author: Tufte, Jerod E.

Highlight: An appeal from a district court judgment entered after a bench trial on a claim for unpaid legal fees and counterclaim is affirmed, and remanded for consideration of attorney’s fees for this appeal.

“If the defendant elects to remove the action from small claims court to district court, the district court shall award attorney’s fees to a prevailing plaintiff.” N.D.C.C. § 27-08.1-04. A party removes a small claims matter to district court at her own peril.

After our decision in Johnson v. Menard, Inc., 2021 ND 19, 955 N.W.2d 27, N.D.C.C. § 27-08.1-04 was amended consistent with that decision to state: “If the defendant appeals a district court judgment to the supreme court, the supreme court shall award reasonable attorney’s fees to the prevailing appellee.”

Although we have concurrent jurisdiction to determine a reasonable award of attorney’s fees on appeal, we prefer the district court take evidence and make such findings in the first instance.

State v. A.J.H. (consolidated w/20230242) 2024 ND 1
Docket No.: 20230241
Filing Date: 1/10/2024
Case Type: Appeal - Criminal - Misc. Felony
Author: McEvers, Lisa K. Fair

Highlight: A district court order transferring the matter to juvenile court is not an order quashing an information providing the State the right to appeal.

Anderson v. Lamm 2023 ND 249
Docket No.: 20230301
Filing Date: 12/28/2023
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: The Court does not issue advisory opinions and will ordinarily dismiss a moot appeal. An appeal is moot when there is no actual controversy left to be determined because events have occurred that make it impossible for the Court to issue relief. There is an exception to the rule against advisory opinions for appeals from district court decisions that continue to have adverse collateral consequences for an appellant. For the collateral consequences exception to apply, there must be a reasonable possibility that collateral consequences will occur. This requires an examination of the specific circumstances of a case.

The issuance of a disorderly conduct restraining order without evidence to support a finding that a respondent engaged in disorderly conduct amounts to an abuse of discretion.

Mead v. Hatzenbeller 2023 ND 248
Docket No.: 20230185
Filing Date: 12/28/2023
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: A temporary restraining order is a type of injunction that is brief in duration and meant to maintain the status quo until the district court can make a determination on the merits of a petition. After a final order has been issued, questions concerning the propriety of earlier temporary injunctive orders are moot.

Disorderly conduct is analyzed in the same manner for both civil and criminal cases because the reasonable grounds for a restraining order are synonymous with probable cause for an arrest. The elements of criminal disorderly conduct by harassment are the same as those required to prove disorderly conduct in the context of a petition for a restraining order.

A petitioner for a disorderly conduct restraining order must prove his case before the district court in a full hearing. Because a restraining order constrains a person’s liberty and entails certain stigma, a respondent has a due process right to a fair hearing, including reasonable notice or opportunity to know of the claims of opposing parties, along with the opportunity to rebut those claims.

The purpose of an appeal is to review the actions of the trial court, not to grant the appellant an opportunity to develop and expound upon new strategies or theories. Issues or contentions not raised in the district court cannot be raised for the first time on appeal.

Koon v. State 2023 ND 247
Docket No.: 20230139
Filing Date: 12/28/2023
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Tufte, Jerod E.

Highlight: A district court judgment denying an application for postconviction relief is affirmed.

The district court did not err by considering evidence outside the record when it followed the procedure of Rule 201, N.D.R.Ev., providing notice to the parties of its intent to judicially notice the clerk’s trial notes before declining to take judicial notice of the clerk’s notes.

The district court’s mere exposure to inadmissible evidence is not error because we presume the court considers only admissible evidence. We have consistently acknowledged a judge is capable of distinguishing between admissible and inadmissible evidence when deliberating the ultimate question.

State v. Nelson (consolidated w/20230235) 2023 ND 246
Docket No.: 20230234
Filing Date: 12/28/2023
Case Type: Appeal - Criminal - Misc. Felony
Author: Jensen, Jon J.

Highlight: This Court’s review of a sentence is generally confined to whether the district court acted within the statutory sentencing limits or substantially relied on an impermissible factor.

This Court does not consider arguments that are not adequately articulated, supported, and briefed.

State v. Gai 2023 ND 245
Docket No.: 20230231
Filing Date: 12/28/2023
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

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

Heywood v. State 2023 ND 244
Docket No.: 20230223
Filing Date: 12/28/2023
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).

Heywood v. State 2023 ND 244
Docket No.: 20230223
Filing Date: 12/28/2023
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Everett v. State 2023 ND 243
Docket No.: 20230192
Filing Date: 12/28/2023
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Crothers, Daniel John

Highlight: An applicant for post-conviction relief has two years from when the conviction becomes final to apply for relief, unless newly discovered evidence is found.

Newly discovered evidence for purposes of post-conviction relief must establish that the applicant did not engage in conduct leading to the underlying conviction.

Gaede v. State 2023 ND 242
Docket No.: 20230269
Filing Date: 12/28/2023
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: An order denying a petition for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6).

Mathisen, et al. v. Becker-Johner 2023 ND 241
Docket No.: 20230263
Filing Date: 12/15/2023
Case Type: Appeal - Civil - Real Property
Author: Per Curiam

Highlight: A brief is deficient if it fails to raise a legal argument, including the authorities on which it relies. A district court order and judgment granting summary judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(8).

Mathisen, et al. v. Becker-Johner 2023 ND 241
Docket No.: 20230263
Filing Date: 12/15/2023
Case Type: Appeal - Civil - Real Property
Author: Per Curiam

Williams v. Williams, et al. 2023 ND 240
Docket No.: 20230201
Filing Date: 12/15/2023
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: Reopening the record is an evidentiary issue subject to the abuse of discretion standard.

If the obligor fails to provide reliable information regarding his gross income, and that information cannot be reasonably obtained from other sources, the court must impute income and apply the method providing the greatest amount.

District courts must use a source demonstrating statewide average earnings to determine the obligor’s income for child support calculations if the obligor fails to provide sufficient reliable information for determining the obligor’s income.

Whether to award attorney’s fees in conjunction with a discovery violation is generally within the discretion of the district court.

Grengs v. Grengs, et al. 2023 ND 239
Docket No.: 20230105
Filing Date: 12/15/2023
Case Type: Appeal - Civil - Divorce - Property
Author: Crothers, Daniel John

Highlight: A principal that allows an ostensible agent act with apparent authority may be bound by the agent’s actions.

A principal may expressly or impliedly ratify an ostensible agent’s acts by conduct or failure to timely disavow the acts.

A third party is required to exercise diligence and prudence in determining whether an agent acted for a principal.

N.D.C.C. § 35-03-05 provides a standard mortgage form.

Interest of J.M.M. (CONFIDENTIAL) 2023 ND 238
Docket No.: 20230348
Filing Date: 12/15/2023
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

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

Shift Services v. Ames Savage Water Solutions 2023 ND 237
Docket No.: 20230217
Filing Date: 12/15/2023
Case Type: Appeal - Civil - Contracts
Author: Jensen, Jon J.

Highlight: Once a contract has been entered into, mutual assent of the contracting parties is essential for any modification of the contract.

To establish a modification, the party asserting the modification must show that there was an agreement of the parties on all essential terms of the contract modification, and that the parties intended the new terms to alter the contract.

State v. Serdahl 2023 ND 236
Docket No.: 20230204
Filing Date: 12/15/2023
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).

Powell, et al. v. Statoil Oil & Gas 2023 ND 235
Docket No.: 20230098
Filing Date: 12/15/2023
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: McEvers, Lisa K. Fair

Highlight: The obligation to pay royalties under an oil and gas lease is a contract contained in a conveyance or instrument affecting title to real property within the meaning of N.D.C.C. § 28-01-15(2). This ten-year statute of limitations applies to a claim for untimely payment of royalties under an oil and gas lease.

If an operator fails to notify a mineral owner of a title dispute affecting the owner’s distribution of royalties and fails to pay royalties within 150 days after oil or gas produced under the lease is marketed, and cancellation of the lease is not sought, the operator must pay interest on the unpaid royalties at 18% per annum until paid.

Ebel, et al. v. Engelhart, et al. 2023 ND 234
Docket No.: 20230116
Filing Date: 12/15/2023
Case Type: Appeal - Civil - Contracts
Author: Tufte, Jerod E.

Highlight: A district court judgment is reversed because the court misapplied the law by applying the statute of frauds when it was not specifically pled under N.D.R.Civ.P. 8.

Rule 8(c), N.D.R.Civ.P., requires the statute of frauds to be specifically pled as an affirmative defense.

State v. Hamilton 2023 ND 233
Docket No.: 20230052
Filing Date: 12/15/2023
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Tufte, Jerod E.

Highlight: When a defendant pleads guilty on open and unconditional plea, the defendant waives his right to challenge the rejection of a plea agreement.

During sentencing, failure to preserve an objection precludes a later assertion unless a defendant establishes obvious error. Obvious error is exercised only with extreme caution.

Interest of Wedmore 2023 ND 232
Docket No.: 20230150
Filing Date: 12/15/2023
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Crothers, Daniel John

Highlight: An appeal to determine if a person remains a sexually dangerous individual must be taken within 30 days of an entry of an order denying discharge.

State v. Bearce 2023 ND 231
Docket No.: 20230120
Filing Date: 12/15/2023
Case Type: Appeal - Criminal - Misc. Felony
Author: Jensen, Jon J.

Highlight: A district court does not err when reducing a defendant’s sentence within the 120-day period mandated by Rule 35(b), N.D.R.Crim.P.

It is mandatory under Rule 35(b), N.D.R.Crim.P., that the sentencing judge, whenever reducing a sentence as permitted by Rule 35, give his reasons for the reduction.

This Court’s power on appeal is limited by N.D.C.C. § 29-28-35. When the State appeals, this Court cannot reverse an order of the district court if doing so would increase the defendant’s sentence.

Neither the district court nor the State may invoke section 25 rights on behalf of a victim and when no individual exercises the victim’s right to participate in any post-judgment processes and procedures, a court does not err when it issues an order on a post-judgment without the victim’s consideration.

Sargent Cty. Water Resource District v. Beck, et al. 2023 ND 230
Docket No.: 20220357
Filing Date: 12/15/2023
Case Type: Appeal - Civil - Real Property
Author: McEvers, Lisa K. Fair

Highlight: Res judicata prevents relitigation of claims that were raised, or could have been raised, in prior actions between the same parties or their privies. Collateral estoppel precludes litigation of issues actually litigated and necessary to the outcome of the prior case, even if such issues are subsequently presented as part of a different claim. Collateral estoppel requires a final judgment on the merits.

An aggrieved party must appeal a local governing body’s decision rather than seek injunctive or declaratory relief against the enforcement of the decision. Landowners are not foreclosed from challenging whether a drain improvement project is authorized by law in defending against an eminent domain action.

A water resource district may not accumulate a fund exceeding the six-year maximum maintenance levy or obligate the district for costs beyond the maximum maintenance levy without the approval of the majority of the landowners.

Before property can be taken it must appear that the use to which it is to be applied is a use authorized by law. The public uses authorized by N.D.C.C. § 32-15-02(3) carry the additional requirement that the mode of apportioning and collecting the costs of such improvement shall be such as may be provided in the statutes by which the same may be authorized.

Sargent Cty. Water Resource District v. Beck, et al. 2023 ND 230
Docket No.: 20220357
Filing Date: 12/15/2023
Case Type: Appeal - Civil - Real Property
Author: McEvers, Lisa K. Fair

Matter of Overboe (CONFIDENTIAL) 2023 ND 229
Docket No.: 20230352
Filing Date: 12/1/2023
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer transferred to Incapacity to Practice Law Status

Holm v. Holm 2023 ND 228
Docket No.: 20230128
Filing Date: 12/1/2023
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: The petitioner for a disorderly conduct restraining order bears the burden of demonstrating how a respondent’s conduct affected the petitioner’s safety, security, or privacy. Section 12.1-31.2-01, N.D.C.C., requires the district court to make specific findings concerning the respondent’s intent.

State v. Haney (consolidated w/20220367) 2023 ND 227
Docket No.: 20220366
Filing Date: 12/1/2023
Case Type: Appeal - Criminal - Assault
Author: Bahr, Douglas Alan

Highlight: To successfully challenge the sufficiency of the evidence on appeal, the defendant must show the evidence, when viewed in the light most favorable to the verdict, permits no reasonable inference of guilt.

In considering a defendant’s claim on appeal that his right to a public trial was violated, this Court first considers whether the claim of error was preserved at trial and then considers the threshold question of whether there was a closure implicating the public trial right.

The appellant bears the burden to demonstrate the public was excluded from a proceeding to which the public had a right to be present.

A party pursuing a constitutional claim must make a strong case supported by both fact and law or forgo the claim.

State v. Haney (consolidated w/20220367) 2023 ND 227
Docket No.: 20220366
Filing Date: 12/1/2023
Case Type: Appeal - Criminal - Assault
Author: Bahr, Douglas Alan

Kisi v. State 2023 ND 226
Docket No.: 20230074
Filing Date: 12/1/2023
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Tufte, Jerod E.

Highlight: To be convicted of accomplice to attempted murder, the accused must have intended to aid in killing. Accomplice to attempted “knowing” murder under N.D.C.C. §§ 12.1-03-01 and 12.1-16-01(1)(a) is a non-cognizable offense.

The error was harmless if we are convinced the error did not contribute to the verdict.

Our determination of whether an error was harmless looks at the effect of the error on this jury, rather than speculating whether a hypothetical jury would convict the defendant absent the error. When no rational jury could find that the defendant committed the relevant criminal act but did not intend to cause injury and the erroneous instruction was not argued to the jury, the error was harmless to that particular jury.

Pagel, et al. v. Weikum 2023 ND 224
Docket No.: 20230156
Filing Date: 11/24/2023
Case Type: Appeal - Civil - Contracts
Author: Tufte, Jerod E.

Highlight: A district court order and judgment are reversed, and the case is remanded for entry of an order compelling arbitration. 

In construing arbitration clauses, courts have categorized arbitration clauses as either broad or narrow. A broad arbitration provision covers all disputes arising out of a contract to arbitrate; a narrow provision limits arbitration to specific types of disputes.

If the arbitration clause is broad in scope, the court will defer to arbitration on any issues that touch on contract rights or contract performance. 

State v. Curtis 2023 ND 223
Docket No.: 20230182
Filing Date: 11/24/2023
Case Type: Appeal - Criminal - Misc. Felony
Author: McEvers, Lisa K. Fair

Highlight: The standard of review for a criminal trial before the district court without a jury is the same as a trial with a jury. A criminal defendant bears the burden of showing the evidence reveals no reasonable inference of guilt when viewed in the light most favorable to the verdict.

When the sufficiency of evidence to support a criminal conviction is challenged, this Court will not reweigh conflicting evidence or judge the credibility of the witnesses. This Court merely reviews the record to determine if there is competent evidence allowing the jury to draw an inference reasonably tending to prove guilt and fairly warranting a conviction.

Where a claim of insufficient evidence is preserved for appeal, related issues of statutory interpretation are also preserved for appeal.

Legislative history of a statute will not be considered without a showing that the statute is ambiguous.

State v. Geiger 2023 ND 222
Docket No.: 20230146
Filing Date: 11/24/2023
Case Type: Appeal - Criminal - Other
Author: Jensen, Jon J.

Highlight: A defendant fails to preserve an issue relating to constitutionally protected activities for appeal when they failed to properly raise a constitutionally protected activity defense to the district court through a motion in limine and instead made only a N.D.R.Crim.P. 29 motion at trial without providing any legal basis for the claim.

State v. Richter 2023 ND 221
Docket No.: 20230124
Filing Date: 11/24/2023
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Crothers, Daniel John

Highlight: Displaying a fictitious operator’s license is a punishable offense under N.D.C.C. § 39-06-40.

State v. Steele 2023 ND 220
Docket No.: 20230064
Filing Date: 11/24/2023
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Bahr, Douglas Alan

Highlight: A person has a reasonable expectation of privacy in a closed, rented room.

A home owner does not have common authority to consent to a search of a rented room in their home.

A reasonable officer would not believe a homeowner could consent to the search of a closed, rented room in their home.