Happel v. State2024 ND 50 Docket No.: 20230338 Filing Date: 3/18/2024 Case Type: POST-CONVICTION RELIEF Author: Per Curiam
Highlight:A district court order denying a postconviction relief application is summarily affirmed under N.D.R.App.P. 35.1(a)(2).
Adoption of R.E.M.2024 ND 49 Docket No.: 20230321 Filing Date: 3/18/2024 Case Type: TERMINATION/PARENTAL RIGHTS Author: Per Curiam
Highlight:An order denying a petition for adoption is summarily affirmed under N.D.R.App.P. 35.1(a)(2).
State v. Driver2024 ND 48 Docket No.: 20230259 Filing Date: 3/18/2024 Case Type: MISC. STATUTORY OFFENSE (FELONY) Author: McEvers, Lisa K. Fair
Highlight:The scope of an opening statement rests largely in the discretion of the trial court, and this Court will not reverse a conviction on the ground that the opening statement was prejudicial unless there is a clear abuse of that discretion.
Forfeiture is the failure to timely assert a right, which is reviewed for obvious error. The burden to show an obvious error is on the appellant.
A denial of a motion for judgment of acquittal is summarily affirmed under N.D.R.App.P. 35.1(a)(3).
State v. Glaum2024 ND 47 Docket No.: 20230190 Filing Date: 3/18/2024 Case Type: SEXUAL OFFENSE Author: McEvers, Lisa K. Fair
Highlight:A district court’s order denying a defendant’s withdrawal of guilty pleas is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).
When the record on direct appeal is inadequate to determine whether the defendant received ineffective assistance of counsel, the defendant may pursue the ineffectiveness claim at a postconviction proceeding where an adequate record can be made.
A defendant reserves the right to appeal non-jurisdictional claims and defenses when the defendant enters a conditional plea of guilty under N.D.R.Crim.P. 11(a)(2).
A district court’s decision on a motion for recusal alleging bias is reviewed under the abuse of discretion standard.
A criminal defendant’s right to a speedy trial is guaranteed by the Sixth Amendment to the United States Constitution and by N.D. Const. art. I, § 12. A four-factor balancing test is used to evaluate the validity of a speedy trial claim: length of the delay, reason for the delay, proper assertion of the right, and actual prejudice to the accused.
The abuse of discretion standard applies to a district court’s decision to deny a continuance and allow an information to be amended.
When a party fails to provide supporting argument for an issue he is deemed to have waived that issue. Arguments not adequately articulated, supported, and briefed are not considered on appeal.
Petro-Hunt v. Tank, et al.2024 ND 46 Docket No.: 20230015 Filing Date: 3/18/2024 Case Type: OIL, GAS AND MINERALS Author: Bahr, Douglas Alan
Highlight:Assignments and deeds are interpreted in the same manner as contracts, with the primary purpose to ascertain and effectuate the parties’ or grantor’s intent.
The primary objective in interpreting a statute is to determine the intent of the legislation.
The right to an accounting in all cases is a preliminary question which must be answered in the affirmative before the actual accounting is ordered. The party claiming the relief has the burden of proving its right to the accounting. If not so proved, there is no right to an accounting and the cause is to be dismissed.
