988 N.W.2d

Volume 988 — North Western Reporter, Second Series

7 opinions

988 N.W.2d 250State v. Isaak (2023)
An abatement ab initio of a criminal prosecution means a dismissal of all proceedings in the prosecution from its inception. Abatement ab initio in criminal proceedings is inconsistent with N.D. Const. art. I, § 25. Appeals will be dismissed as moot when no actual controversy is left to be decided unless a decision would have collateral consequences.
988 N.W.2d 553Goetz v. Goetz (2023)
Cassandra Goetz appeals from a district court order and corrected amended judgment modifying primary residential responsibility. On appeal, Cassandra Goetz argues the court erred by modifying residential responsibility and by awarding Joshua Goetz primary decision making responsibility.
988 N.W.2d 556State v. Tompkins (2023)
Section 39-08-01(1), N.D.C.C., provides that refusal to submit to a chemical test and driving or being in actual physical control while under the influence of an intoxicating liquor are separate offenses.
988 N.W.2d 562Whetsel v. State (2023)
An order summarily dismissing an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6).?
988 N.W.2d 569Kluver v. SGJ Holdings (2023)
A party moving for a new trial is limited on appeal to the issues raised in its new trial motion. A district court considering a new trial motion based on insufficiency of the evidence may set aside a jury verdict when, in considering and weighing all the evidence, the court's judgment tells it the verdict is wrong because it is manifestly against the weight of the evidence. A qualified privilege does not provide immunity from liability for defamation if the privilege is abused. To defeat a qualified privilege under N.D.C.C. § 14-02-05(3), the plaintiff must prove actual malice by showing the statement was made with malice in fact, ill will, or wrongful motive.
988 N.W.2d 580Secura Supreme Ins. Co. v. Differding (2023)
An insurance policy is a contract. An insurance contract relates to the parties executing it. Litigants cannot claim estoppel based on policies to which they are not a party nor can they claim waiver of a provision in a policy they have no right to enforce.
988 N.W.2d 586Richardson v. State (2023)
A district court order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).