Recent Opinions

State v. Craig 2019 ND 123
Docket No.: 20180397
Filing Date: 5/16/2019
Case Type: HOMICIDE
Author: McEvers, Lisa K. Fair

Highlight: A district court abused its discretion by scheduling a hearing on defendant’s motion and then cancelling the hearing without explanation leaving the defendant unable to complete a hearing request under N.D.R.Ct. 3.2(a)(3) on his own.

A district court judge’s ruling regarding the merits of the case or the law relating to the proceedings does not evidence bias to support reassignment on remand.

State v. Gardner 2019 ND 122
Docket No.: 20180239
Filing Date: 5/16/2019
Case Type: DRUGS/CONTRABAND
Author: Tufte, Jerod E.

Highlight: A claimant neither needs to be the addressee nor needs to live at the address on a package to claim a search and seizure right to the package. A claimant only needs to show a possessory interest in the package.

Ali v. State 2019 ND 121
Docket No.: 20190004
Filing Date: 5/16/2019
Case Type: POST-CONVICTION RELIEF
Author: Per Curiam

Highlight: District court’s finding that an application for post-conviction relief failed to establish counsel’s representation fell below an objective standard of reasonableness was not clearly erroneous.

Curtiss v. State 2019 ND 120
Docket No.: 20180392
Filing Date: 5/16/2019
Case Type: POST-CONVICTION RELIEF
Author: Per Curiam

Highlight: A district court’s order denying application for post-conviction relief and order denying motions for reconsideration and to correct a sentence are summarily affirmed under N.D.R.App.P. 35.1(a)(4), (6), and (7).

Lavallie v. State 2019 ND 119
Docket No.: 20190007
Filing Date: 5/16/2019
Case Type: POST-CONVICTION RELIEF
Author: Per Curiam

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

Interest of F.M.G. 2019 ND 118
Docket No.: 20190097
Filing Date: 5/16/2019
Case Type: MENTAL HEALTH
Author: Per Curiam

Highlight: Continuing treatment order summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Johnson 2019 ND 117
Docket No.: 20180429
Filing Date: 5/16/2019
Case Type: MISC. STATUTORY OFFENSE (FELONY)
Author: Per Curiam

Highlight: A district court’s order denying a motion to return bond is summarily affirmed under N.D.R.App.P. 35.1(a)(2), (4), and (7).

Keller v. State 2019 ND 116
Docket No.: 20180391
Filing Date: 5/16/2019
Case Type: POST-CONVICTION RELIEF
Author: Per Curiam

Highlight: Summary affirmance of district court’s denial of post-conviction relief.

Interest of T.A.G. 2019 ND 115
Docket No.: 20180374
Filing Date: 5/6/2019
Case Type: CIVIL COMMIT OF SEXUAL PREDATOR
Author: Crothers, Daniel John

Highlight: The case is remanded for additional findings of fact on whether a person was likely to reoffend and had serious difficulty controlling behavior, as required to deny sex offender discharge from civil commitment as a sexually dangerous individual.

Ayling v. Sens, et al. 2019 ND 114
Docket No.: 20180231
Filing Date: 4/25/2019
Case Type: OTHER (Civil)
Author: Tufte, Jerod E.

Highlight: An action barred by a statute of limitations generally is dismissed under the summary judgment standards of N.D.R.Civ.P. 56.

Determining when a cause of action accrues is normally a question of fact, but it becomes a question of law when the material facts are undisputed. Under the discovery rule the accrual of a claim is postponed until the plaintiff knew, or with the exercise of reasonable diligence should have known, of the wrongful act and its resulting injury.

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