Recent Opinions

Jensen v. State 2019 ND 126
Docket No.: 20180280
Filing Date: 5/16/2019
Case Type: POST-CONVICTION RELIEF
Author: McEvers, Lisa K. Fair

Highlight: A Rule 11(d) motion to withdraw a guilty plea, filed after entry of the criminal judgment and a stipulated dismissal of the direct appeal, is not a critical stage of the proceeding affording the movant the constitutional guarantee to counsel nor a stage of the proceeding requiring counsel under N.D.R.Crim.P. 44(a).

A Rule 35(b) motion for reduction of sentence is neither a critical stage of the proceeding affording the movant the constitutional guarantee to counsel nor a stage of the proceeding requiring counsel under N.D.R.Crim.P. 44(a).

Matter of J.M. 2019 ND 125
Docket No.: 20180278
Filing Date: 5/16/2019
Case Type: CIVIL COMMIT OF SEXUAL PREDATOR
Author: VandeWalle, Gerald W.

Highlight: The State did not establish clear and convincing evidence of a nexus between J.M.’s disorder and his sexual dangerousness to others.

Great Plains Royalty Corporation v. Earl Schwartz Company, et al. 2019 ND 124
Docket No.: 20180285
Filing Date: 5/16/2019
Case Type: OIL, GAS AND MINERALS
Author: McEvers, Lisa K. Fair

Highlight: Collateral estoppel generally forecloses relitigation, in a second action based on a different claim, of a particular issue of either fact or law which was litigated and determined in a prior suit.

Collateral estoppel applies to a party or a person in privity with a party to the prior adjudication, and a person is not in privity with a party to the prior suit if he acquired an interest in the subject matter affected by the prior adjudication through one of the parties before the prior adjudication.

When a dissolved corporation is reinstated, generally its rights and privileges are restored retroactively to the date of dissolution, except as to those rights and assets of which the corporation was divested prior to reinstatement, and the corporation is treated as if it had never been dissolved.

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).