New opinions: Dec. 9
State v. Brown 2021 ND 226 Docket No.: 20210191 Filing Date: 12/9/2021 Case Type: MISC. STATUTORY OFFENSE (FELONY) Author: McEvers, Lisa K. Fair
Highlight: A preliminary hearing is not a trial on the merits, and finding of probable cause may be based on hearsay evidence and evidence that would be inadmissible at the trial.
The district court’s authority to weigh evidence and assess credibility of witnesses at a preliminary hearing is limited.
A district court abuses is discretion in refusing to allow the State to present its evidence at a preliminary hearing when testimony is not implausible or incredible.
State v. Vannett 2021 ND 225 Docket No.: 20210158 Filing Date: 12/9/2021 Case Type: DUI/DUS Author: Crothers, Daniel John
Highlight: An officer does not seize a person under the Fourth Amendment by approaching them in a public place.
In deciding whether a seizure is justified, this Court analyzes whether there is reasonable and articulable suspicion that a person has committed or is about to commit a crime.
The government must demonstrate a chemical test was fairly administered for it to be admitted into evidence.
Although N.D.C.C. § 39-20-07 provides a statutory shortcut for evidence of a chemical test result, expert testimony can be used to show fair administration of chemical testing.
State v. Hatcher 2021 ND 224 Docket No.: 20210137 Filing Date: 12/9/2021 Case Type: MISC. STATUTORY OFFENSE (FELONY) Author: Per Curiam
Highlight: A criminal judgment and an order denying a motion to withdraw guilty pleas are summarily affirmed under N.D.R.App.P. 35.1(a)(4).
State v. Houkom 2021 ND 223 Docket No.: 20210058 Filing Date: 12/9/2021 Case Type: MISC. STATUTORY OFF. (MISDEMEANOR) Author: Tufte, Jerod E.
Highlight: The official proceeding or matter in which a false statement was made directly controls whether the falsification can be said to be material under N.D.C.C. § 12.1-11-03(1).
Hunter v. WSI 2021 ND 222 Docket No.: 20210185 Filing Date: 12/9/2021 Case Type: WORKERS COMPENSATION Author: Per Curiam
Highlight: A district court judgment affirming an administrative law judge’s decision that affirmed a North Dakota Workforce Safety and Insurance decision denying benefits is summarily affirmed under N.D.R.App.P. 35.1(a)(5) and (7).
Narloch v. Narloch, et al. 2021 ND 221 Docket No.: 20210153 Filing Date: 12/9/2021 Case Type: CHILD CUST & SUPPORT (Div.\Other) Author: Per Curiam
Highlight: Denial of a motion to relocate with minor children is summarily affirmed under N.D.R.App.P. 35.1(a)(2).
State v. Lindeman 2021 ND 220 Docket No.: 20210159 Filing Date: 12/9/2021 Case Type: SEXUAL OFFENSE Author: Per Curiam
Highlight: A precise time period is not required in a criminal prosecution unless time is an essential element of an offense.
Time is not an essential element of gross sexual imposition.
State v. Rieger 2021 ND 219 Docket No.: 20210092 Filing Date: 12/9/2021 Case Type: MISC. STATUTORY OFFENSE (FELONY) Author: Per Curiam
Highlight: A judgment finding the defendant guilty of corruption of a minor, victim over fifteen and adult over twenty-two, a class C felony, is summarily affirmed under N.D.R.App.P. 35.1(a)(3).
State v. S.J.H., et al. 2021 ND 218 Docket No.: 20210165 Filing Date: 12/9/2021 Case Type: PATERNITY Author: Tufte, Jerod E.
Highlight: A district court has broad discretion to impose sanctions for discovery abuses, including striking pleadings or entering default judgment, when there is a deliberate or bad-faith non-compliance which constitutes a flagrant abuse of or disregard for the discovery rules.
State v. Neilan 2021 ND 217 Docket No.: 20210065 Filing Date: 12/9/2021 Case Type: DRUGS/CONTRABAND Author: Jensen, Jon J.
Highlight: The State may appeal from a district court order granting a defendant a reduction in sentence as the reduction affects a substantial right of the State.
The district court’s acceptance of a plea agreement does not preclude it from later exercising discretion in reducing the defendant’s sentence. Such a reduction is subject to the abuse of discretion standard of review on appeal.
This Court’s power on appeal is limited by N.D.C.C. § 29-28-35. When the State appeals, this Court cannot reverse an order of the district court if doing so would increase the defendant’s sentence.
Swanson v. Larson 2021 ND 0216 Docket No.: 20210125 Filing Date: 12/9/2021 Case Type: OTHER (Civil) Author: Crothers, Daniel John
Highlight: Generally, when a contract is silent as to its duration, it is terminable at will by either party.
Conduct establishing a breach of contract does not subject the defendant to a negligence action, unless the defendant’s conduct also establishes a breach of an independent duty that does not arise from the contract.
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