Mickelson, et al. v. City of Rolla 2023 ND 128 Docket No.: 20230009 Filing Date: 7/7/2023 Case Type: OTHER (Civil) Author: Tufte, Jerod E.
Highlight: If an entity violates section 44-04-18, N.D.C.C., an interested person or entity may not file a civil action seeking attorney’s fees or damages, or both, until at least three working days after providing notice of the alleged violation to the chief administrative officer for the public entity under N.D.C.C. § 44-04-21.2(3).
State v. Graff 2023 ND 127 Docket No.: 20220348 Filing Date: 7/7/2023 Case Type: SEXUAL OFFENSE Author: Jensen, Jon J.
Highlight: Dismissal of a criminal case with prejudice is a remedy that should only be used in extreme circumstances.
In order to dismiss a criminal case with prejudice, a district court must make a finding of bad faith, harassment, or prosecutorial misconduct, and this finding must be supported by clear and convincing evidence.
The State must be provided with notice, and an opportunity to respond, and lesser alternative sanctions must be considered before a district court may dismiss with prejudice.
It is an abuse of discretion when a district court fails to consider whether lesser sanctions are available or appropriate before dismissing a criminal case with prejudice.
Interest of Gehlhoff 2023 ND 126 Docket No.: 20230005 Filing Date: 7/7/2023 Case Type: CIVIL COMMIT OF SEXUAL PREDATOR Author: Tufte, Jerod E.
Highlight: When a district court concludes that an individual has a serious difficulty controlling behavior, its findings must identify recent conduct or describe anything that shows the individual has a “present serious difficulty controlling his behavior.”
State v. Sullivan 2023 ND 125 Docket No.: 20220337 Filing Date: 7/7/2023 Case Type: DUI/DUS Author: Tufte, Jerod E.
Highlight: When making an arrest without a warrant, the officer shall inform the person to be arrested of the officer’s authority and the cause of the arrest, unless an exception under N.D.C.C. § 29-06-17 applies.
Relevant factors in determining whether probable cause to arrest a person for a DUI exists include the detection of the odor of alcohol, observation of signs of impairment, the failure of one or more field sobriety tests, the individual has red and bloodshot eyes, an admission to having consumed an alcoholic beverage, the failure of the HGN test, a traffic violation, or erratic driving.
Estate of Ewing 2023 ND 124 Docket No.: 20220356 Filing Date: 7/7/2023 Case Type: PROBATE - WILLS - TRUSTS Author: McEvers, Lisa K. Fair
Highlight: The district court does not err in finding an oral contract existed when no evidence existed that any party lacked the capacity to contract.
Agreeing to sell a party’s interest in estate property constitutes valid consideration.
The district court does not err in finding mutual assent was present when evidence existed that parties came to an agreement.
Substantial, permanent, and valuable improvements made to a property may be considered part performance sufficient to take an oral agreement outside of the statute of frauds.
The district court does not err in finding personal property items were distributed properly according to a previously created agreement.
The district court does not err in finding a personal representative failed to properly maintain the property when the personal representative failed to obtain home insurance, care for the exterior of the home, or pay utilities.
The district court does not abuse its discretion when it denies claims for reimbursement from a personal representative when the personal representative failed to provide evidence on what costs he incurred.
The district court may impose a remedial or punitive sanction for contempt when a personal representative breaches his fiduciary duty.
Highlight: In a summary eviction proceeding, the right to the possession of the real estate is the only fact that can be litigated unless damages or rent is claimed.
Interest of C.A.S. 2023 ND 122 Docket No.: 20230130 Filing Date: 7/7/2023 Case Type: TERMINATION/PARENTAL RIGHTS Author: McEvers, Lisa K. Fair
Highlight: An appeal from a decision terminating parental rights must be filed within 30 days of entry of the order or judgment. The North Dakota Rules of Appellate Procedure do not authorize an extension. An appeal not filed within 30 days of entry of the order or judgment must be dismissed for lack of jurisdiction.
Part of a judgment terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2).
State v. Brame 2023 ND 121 Docket No.: 20230024 Filing Date: 7/7/2023 Case Type: SEXUAL OFFENSE Author: Jensen, Jon J.
Highlight: District courts must substantially comply with N.D.R.Crim.P. 11 to ensure a defendant knowingly and voluntarily enters a guilty plea.
The Court remands to provide the State the opportunity to file transcripts to prove the district court substantially complied with N.D.R.Crim.P. 11.
Goetz v. Goetz, et al. 2023 ND 120 Docket No.: 20220231 Filing Date: 7/7/2023 Case Type: CHILD CUST & SUPPORT (Div.\Other) Author: McEvers, Lisa K. Fair
Highlight: A district court must make specific findings regarding whether a material change in circumstances resulted in a general decline or adversely affected the children in order to modify primary residential responsibility.
