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Johnson v. Menard 2021 ND 19
Docket No.: 20200126
Filing Date: 2/18/2021
Case Type: PERSONAL INJURY
Author: VandeWalle, Gerald W.

Highlight: During trial, a party can make a motion for judgment as a matter of law alleging insufficient evidence under N.D.R.Civ.P. 50(a). However, after the jury returns its verdict the party must renew the motion under N.D.R.Civ.P. 50(b) to preserve the sufficiency of the evidence issue for review on appeal.

After removing a small claims court action to district court, amending the complaint does not preclude an award of attorney’s fees under N.D.C.C. § 27-08.1-04.

A court does not abuse its discretion when it uses an itemized bill to award a party attorney’s fees under N.D.C.C. § 27-08.1-04.

Under N.D.C.C. § 27-08.1-04, a prevailing plaintiff should be awarded reasonable attorney’s fees for the district court proceedings and for a successful appeal.

State v. Watson 2021 ND 18
Docket No.: 20200109
Filing Date: 2/18/2021
Case Type: SEXUAL OFFENSE
Author: VandeWalle, Gerald W.

Highlight: A defendant may not withdraw a guilty plea after the court has imposed a sentence unless the defendant proves that withdrawal is necessary to correct a manifest injustice.

Willprecht v. Willprecht 2021 ND 17
Docket No.: 20200195
Filing Date: 2/18/2021
Case Type: CHILD CUST & SUPPORT (Div.\Other)
Author: Crothers, Daniel John

Highlight: A district court’s use, on remand, of its previous Ruff-Fischer guidelines analysis is not by itself clearly erroneous.

The district court must provide a discernable basis for an award of spousal support.

State v. Bear King 2021 ND 16
Docket No.: 20200254
Filing Date: 2/17/2021
Case Type: MISC. STATUTORY OFFENSE (FELONY)
Author: Per Curiam

Highlight: The criminal judgment entered after a jury verdict is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7).

Interest of A.R.S. 2021 ND 15
Docket No.: 20200199
Filing Date: 2/10/2021
Case Type: JUVENILE LAW
Author: Per Curiam

Highlight: District court judgment finding children are deprived is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Munzal v. State 2021 ND 14
Docket No.: 20200216
Filing Date: 2/3/2021
Case Type: 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) and (7).

Matter of Didier 2021 ND 13
Docket No.: 20200217
Filing Date: 2/3/2021
Case Type: CIVIL COMMIT OF SEXUAL PREDATOR
Author: Per Curiam

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

State v. Rivera-Rieffel 2021 ND 9
Docket No.: 20200210
Filing Date: 1/12/2021
Case Type: HOMICIDE
Author: Per Curiam

Highlight: Criminal conviction for murder and child abuse is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Young v. Burleigh Morton Detention Center, et al. 2021 ND 8
Docket No.: 20200153
Filing Date: 1/12/2021
Case Type: OTHER (Civil)
Author: McEvers, Lisa K. Fair

Highlight: A violation of the Sixth Amendment right to counsel does not occur unless the government knowingly intrudes into the attorney-client relationship and the intrusion prejudices the defendant or creates a substantial threat of prejudice.???

A correctional facility’s policy of allowing inmates or their attorneys to register attorney telephone numbers as confidential numbers not to be monitored does not constitute a violation of N.D.C.C. § 12-44.1-14(1), which requires correctional facilities to provide inmates confidential access to their attorneys.



State v. Aune 2021 ND 7
Docket No.: 20200159
Filing Date: 1/12/2021
Case Type: HOMICIDE
Author: McEvers, Lisa K. Fair

Highlight: A defendant may not challenge a jury verdict as inconsistent based upon an alleged error he invited by requesting an instruction on a lesser included offense. If a defendant does not object to the introduction of prior convictions at sentencing, and the prior convictions were not relied upon to enhance the term of incarceration, the appropriate standard of review is obvious error. It is not error to consider a defendant’s prior convictions as a part of their criminal history under N.D.C.C. § 12.1-32-04 if there has been no showing that the prior convictions were uncounseled and without proper waiver.

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