Recent Opinions

Puklich v. Puklich, et al. 2019 ND 154
Docket No.: 20180301
Filing Date: 6/27/2019
Case Type: OTHER (Civil)
Author: Jensen, Jon J.

Highlight: A district court’s findings on valuation of property will not be reversed unless they are clearly erroneous.

The application and appropriate amount of a minority discount and a lack-of-marketability discount are questions of fact.

If those in control of a closely-held corporation have acted fraudulently, illegally, or in a manner prejudicial to the shareholders, a court may dissolve the corporation or grant any equitable relief it deems just and reasonable.

Valuation of a partnership ownership interest should be determined as of the date of dissolution.

A court has discretion under partnership and corporation laws to fashion equitable remedies for a breach of fiduciary duties.

Appellate courts review the record and findings as a whole and if the controlling findings are supported by the evidence, they will be upheld on appeal notwithstanding immaterial misstatements in the lower court’s decision.

Unpled claims are not tried by the express or implied consent of the parties when the opposing party objects to the introduction of evidence relating to the unpled claim.

Bridgeford v. Sorel 2019 ND 153
Docket No.: 20180390
Filing Date: 6/27/2019
Case Type: TRANSPORTATION DEPT.
Author: Jensen, Jon J.

Highlight: An officer’s actions remained within the community caretaker exception to the warrant requirement of the Fourth Amendment when he knocked on the car window of an individual who appeared to be sleeping with the car running in a gas station parking lot.

An officer’s actions remained within the community caretaker exception to the warrant requirement of the Fourth Amendment when entering an individual’s vehicle subsequent to the individual’s failure to respond to the officer’s attempts to gain his attention outside the vehicle.

State v. Taylor 2019 ND 152
Docket No.: 20190005
Filing Date: 6/27/2019
Case Type: DUI/DUS
Author: Per Curiam

Highlight: Appeal from an order denying a motion for new trial is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

City of Dickinson v. Vaagen 2019 ND 151
Docket No.: 20190053
Filing Date: 6/27/2019
Case Type: DUI/DUS
Author: Per Curiam

Highlight: A criminal judgment finding defendant guilty of driving under the influence is summarily reversed under N.D.R.App.P. 35.1(b).

Schatz v. N.D. Dep't of Transportation 2019 ND 150
Docket No.: 20190068
Filing Date: 6/27/2019
Case Type: TRANSPORTATION DEPT.
Author: Per Curiam

Highlight: District court’s judgment affirming a North Dakota Department of Transportation decision suspending driving privileges is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Everett v. State 2019 ND 149
Docket No.: 20180436
Filing Date: 6/27/2019
Case Type: POST-CONVICTION RELIEF
Author: Per Curiam

Highlight: In post-conviction relief proceedings, it is not an abuse of discretion to deny default judgment when a petitioner cannot show he suffered any prejudice from the State's untimely response.
A district court order summarily dismissing a post-conviction relief application is summarily affirmed under N.D.R.App.P. 35.1(a)(4), (6), and (7).

Blackcloud v. State 2019 ND 148
Docket No.: 20190029
Filing Date: 6/27/2019
Case Type: POST-CONVICTION RELIEF
Author: Per Curiam

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

Frontier Fiscal Services LLC v. Pinky's Aggregates, Inc., et al. 2019 ND 147
Docket No.: 20180329
Filing Date: 5/28/2019
Case Type: CONTRACTS
Author: McEvers, Lisa K. Fair

Highlight: The burden of proof ordinarily rests with the party who possesses the facts on the issue in dispute.

Since entities and persons are unable to guaranty their own debts, courts will not construe guaranties signed in both a representative and individual capacity as constituting a guaranty by the entity involved because to do so would render the guaranty a nullity.

Parol evidence is not admissible to contradict unambiguous terms of a written agreement.

Good consideration for a contract is any benefit conferred or detriment suffered.

Atkins v. State 2019 ND 146
Docket No.: 20180437
Filing Date: 5/24/2019
Case Type: POST-CONVICTION RELIEF
Author: McEvers, Lisa K. Fair

Highlight: An applicant for post-conviction relief should have 14 days to respond to a motion to dismiss under N.D.R.Ct. 3.2(a)(2).

State v. Atkins 2019 ND 145
Docket No.: 20180411
Filing Date: 5/24/2019
Case Type: POST-CONVICTION RELIEF
Author: McEvers, Lisa K. Fair

Highlight: A defendant may not avoid the procedures of the Uniform Postconviction Procedure Act by designating his motion under a rule of criminal procedure or by filing his motion in his criminal file, rather than filing as a new action for post-conviction relief.

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