Recent Opinions

State v. Stenhoff 2019 ND 106
Docket No.: 20180300
Filing Date: 4/11/2019
Case Type: MISC. STATUTORY OFFENSE (FELONY)
Author: McEvers, Lisa K. Fair

Highlight: Search of supervised probationer’s residence was constitutional where the probationer was incarcerated due to a probation violation, the supervised probation conditions included a search clause, and law enforcement officers had reasonable suspicion unlawful activity was afoot due to a child’s statement alluding to the presence of drugs at the probationer’s residence.

Conditions of probation may apply when a person is incarcerated until such time as the probation is terminated or revoked.

State v. Odum 2019 ND 105
Docket No.: 20180384
Filing Date: 4/11/2019
Case Type: DRUGS/CONTRABAND
Author: VandeWalle, Gerald W.

Highlight: Under the totality of the circumstances, probable cause existed for a search warrant based on evidence found during garbage search.

A sufficient nexus to the residence for the purposes of probable cause does not always require indicia of residency be found in the garbage.

Lupo v. McNeeley, et al. 2019 ND 104
Docket No.: 20180381
Filing Date: 4/11/2019
Case Type: PERSONAL INJURY
Author: McEvers, Lisa K. Fair

Highlight: The statute of limitations of a claim for relief is not tolled by the defendant’s absence from the state under N.D.C.C. § 28-01-32 when the state’s courts can obtain jurisdiction by completing service of process by publication.

Garcia v. State 2019 ND 103
Docket No.: 20180316
Filing Date: 4/11/2019
Case Type: POST-CONVICTION RELIEF
Author: Jensen, Jon J.

Highlight: A finalized criminal sentence may not be reduced by statute.

WSI v. Eight Ball Trucking, Inc., et al. 2019 ND 102
Docket No.: 20180267
Filing Date: 4/11/2019
Case Type: WORKERS COMPENSATION
Author: VandeWalle, Gerald W.

Highlight: A summary judgment entered after a defendant fails to respond to the motion for summary judgment is an adjudication on the merits and not a default judgment.
A district court’s decision whether to vacate a judgment will not be disturbed on appeal absent an abuse of discretion.

State v. Mohamud 2019 ND 101
Docket No.: 20180333
Filing Date: 4/11/2019
Case Type: ASSAULT
Author: Jensen, Jon J.

Highlight: The district court did not abuse its discretion by denying the motion to dismiss for undue delay.

The district court did not err as a matter of law and did not come to any erroneous factual determinations in finding the defendant’s right to a speedy trial was not violated.

Evidence was sufficient to support guilty verdicts.

No-contact order was properly considered a condition of probation.

Lavallie v. State 2019 ND 100
Docket No.: 20180362
Filing Date: 4/11/2019
Case Type: POST-CONVICTION RELIEF
Author: Jensen, Jon J.

Highlight: District court erred by reducing a criminal sentence based on a statute enacted after the conviction had been finalized.

Disciplinary Board v. Turcotte 2019 ND 90
Docket No.: 20190042
Filing Date: 4/8/2019
Case Type: DISCIPLINARY PROCEEDINGS (Civil)
Author: Per Curiam

Highlight: Attorney reprimanded.

Bearce, et al. v. Yellowstone Energy Development, LLC 2019 ND 89
Docket No.: 20180256
Filing Date: 3/22/2019
Case Type: CONTRACTS
Author: Jensen, Jon J.

Highlight: The proper remedy for fraud is recision of the contract.

Parties agreed to continue with the sale of the real property after failure of condition precedent.

Finding that a contract for deed was ambiguous required remand for interpretation of that contract for deed using extrinsic evidence.

A contract is ambiguous when reasonable arguments can be made for different positions on its meaning.

Interest of D.M.H. 2019 ND 88
Docket No.: 20180313
Filing Date: 3/21/2019
Case Type: JUVENILE LAW
Author: Per Curiam

Highlight: When awarding a guardianship, the district court must determine whether the parents should be awarded visitation. The district court may not delegate determination of a visitation schedule.

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