The North Dakota Supreme Court released several opinions on December 5, 2024, covering a range of legal issues from workers' compensation to criminal appeals.
In "Lowe v. WSI," the court affirmed the decision of Workforce Safety and Insurance (WSI) to deny approval for daily opioid medication exceeding 90 Morphine Milligram Equivalents. The district court judgment supporting WSI's managed care binding dispute resolution was upheld. Justice Jerod E. Tufte authored the opinion.
"State v. Johnson" dealt with an appeal in a criminal sexual offense case. Justice Daniel John Crothers highlighted that under N.D.R.App.P. 28, parties must include legal authorities they rely on in their briefs and cannot introduce new claims or authorities during oral arguments. Claims of ineffective assistance of counsel should typically be pursued through postconviction relief proceedings.
In "Poseley v. Homer Township," the court summarily affirmed the dismissal of an appeal regarding a local zoning decision under N.D.R.App.P. 35.1(a)(7). This opinion was delivered per curiam.
The court also addressed prosecutorial misconduct in "State v. Graff," affirming the dismissal of charges without prejudice due to such misconduct. Justice Jon J. Jensen noted that dismissals with prejudice require findings of bad faith or harassment supported by clear evidence.
In "State v. Thesing," the court examined charges related to violating pre-dispositional orders while in custody, distinguishing these from conditions of release under different statutes.
"State v. Grensteiner" involved determining probable cause for possession related to both driven and towed vehicles, with Justice Lisa K. Fair McEvers addressing constructive possession and prosecutorial conduct issues.
Lastly, in "State v. Gothberg," Justice McEvers discussed consent in home entry cases, emphasizing that consent must be determined based on total circumstances rather than mere absence of objection by the accused.