Opinions

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Seccombe, et al. v. Rohde, et al. 2019 ND 13
Docket No.: 20180069
Filing Date: 1/15/2019
Case Type: REAL PROPERTY
Author: VandeWalle, Gerald W.

Highlight: A county court acquired jurisdiction over property when executor of estate filed a petition to sell the property and the petition substantially complied with statutory requirements.
When the sale of property by an executor or administrator of an estate is required to be confirmed by the court under statute, the order confirming the sale cures all nonjurisdictional errors and irregularities occurring after the court obtains jurisdiction.

Interest of E.S. 2019 ND 12
Docket No.: 20180426
Filing Date: 1/15/2019
Case Type: MENTAL HEALTH
Author: McEvers, Lisa K. Fair

Highlight: A district court’s finding respondent is mentally ill and requires treatment will not be reversed unless it is clearly erroneous.

To show a respondent is a person requiring treatment, the petitioner must prove by clear and convincing evidence that the person is mentally ill and there is a reasonable risk that, if the person is not treated, he poses a serious risk of harm to himself, others, or property.

State v. Christensen 2019 ND 11
Docket No.: 20180156
Filing Date: 1/15/2019
Case Type: MISC. STATUTORY OFFENSE (FELONY)
Author: McEvers, Lisa K. Fair

Highlight: Appellate review of a criminal sentence is generally confined to whether the district court acted within the sentencing limits prescribed by statute, or substantially relied upon an impermissible factor.

The presumptive probation statute requires a sentence of probation unless an exception applies.

Ourada v. State 2019 ND 10
Docket No.: 20180087
Filing Date: 1/15/2019
Case Type: POST-CONVICTION RELIEF
Author: Jensen, Jon J.

Highlight: In a post-conviction relief proceeding, an applicant is entitled to notice that his application may be summarily dismissed.

State v. Strom 2019 ND 9
Docket No.: 20180167
Filing Date: 1/15/2019
Case Type: MISC. STATUTORY OFFENSE (FELONY)
Author: Tufte, Jerod E.

Highlight: When ordering restitution for a victim of a criminal act, district courts must not consider the defendant’s ability to pay under N.D.C.C. § 12.1-32-08(1). North Dakota Constitution article I, § 25(1)(n) requires “full” restitution be awarded to the victim for “all losses” sustained. This amendment to the constitution implicitly repealed the statutory requirement to consider ability to pay.

Interest of D.M.W. 2019 ND 8
Docket No.: 20180413
Filing Date: 1/15/2019
Case Type: TERMINATION/PARENTAL RIGHTS
Author: Per Curiam

Highlight: An appeal from a juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).

State, et al. v. McGath 2019 ND 7
Docket No.: 20180186
Filing Date: 1/15/2019
Case Type: CHILD CUST & SUPPORT (Div.\Other)
Author: Per Curiam

Highlight: An appeal from a divorce judgment is summarily affirmed under Koenig v. Schuh, 2016 ND 252, 888 N.W.2d 385, and N.D.R.App.P. 35.1(a)(2), (4), and (7).

State v. Simundson 2019 ND 6
Docket No.: 20180223
Filing Date: 1/15/2019
Case Type: DUI/DUS
Author: Per Curiam

Highlight: Summary affirmance of jury conviction for actual physical control under N.D.C.C. § 39-08-01.

Lunde v. Paulson 2019 ND 5
Docket No.: 20180248
Filing Date: 1/15/2019
Case Type: PERSONAL INJURY
Author: Per Curiam

Highlight: Summarily affirm default judgment based on a lack of errors appearing on the face of the judgment roll.

Schwab v. State 2019 ND 4
Docket No.: 20180230
Filing Date: 1/15/2019
Case Type: POST-CONVICTION RELIEF
Author: Per Curiam

Highlight: An appeal from a district court’s order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

If it is easier to dispose of an ineffective assistance of counsel claim on the ground of lack of sufficient prejudice, that course should be followed.

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