The Supreme Court has issued four new opinions.
The summaries are below.
To see an opinion, click on the "View Opinion" button. Opinions display in a printable format. Hyperlinks to all North Dakota opinions and rules cited in an opinion are included in the text: hover over the citation and click to follow the hyperlink.
See other Supreme Court opinions at: https://www.ndcourts.gov/supreme-court/opinions
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Vogt v. State 2022 ND 163 Highlight: The North Dakota Rules of Civil Procedure are applicable in post-conviction relief proceedings to the extent they do not conflict with the Uniform Postconviction Procedure Act. Application of the newly discovered evidence exception to the N.D.C.C. § 29-32.1-01 statute of limitations for post-conviction relief petitions requires the petitioner allege that the newly discovered evidence would establish the petitioner did not engage in the criminal conduct for which he or she was convicted. Issues that were not raised in the district court will not be addressed for the first time on appeal. |
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State v. Doglod 2022 ND 162 Highlight: A criminal judgment entered after a jury found the defendant guilty of terrorizing and criminal trespass is summarily affirmed under N.D.R.App.P. 35.1(a). |
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Highlight: Orders denying a party permission to file new motions are not appealable. An order imposing attorney’s fees may be appealable depending on whether the district court intended the order to be final. A demand for a change of judge is invalid if it is filed more than ten days after the notice of assignment of a judge. |
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State v. Lyman 2022 ND 160 Highlight: Whether to grant a mistrial is within the district court’s discretion, which this Court will not reverse on appeal absent an abuse of such discretion. In reviewing a claim of prosecutorial misconduct, this Court first determines whether the prosecutor’s actions were misconduct, then examines whether the misconduct had prejudicial effect. The purpose of an opening statement is to inform the jury about the case and to outline to the jury the proof the State expects to present. Curative jury instructions will generally remove prejudice caused by improper statements because the jury is presumed to follow the district court’s instruction. |
