Opinions

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Rustad v. Baumgartner 2018 ND 268
Docket No.: 20180080
Filing Date: 12/6/2018
Case Type: CHILD CUST & SUPPORT (Div.\Other)
Author: Tufte, Jerod E.

Highlight: A parenting plan is clearly erroneous when it denies a parent overnights or extended summer visitation without evidence of endangerment to the child’s physical or emotional health.

State ex rel. City of Marion v. Alber 2018 ND 267
Docket No.: 20180074
Filing Date: 12/6/2018
Case Type: OTHER (Civil)
Author: Tufte, Jerod E.

Highlight: Under N.D.R.Civ.P. 60(b), a district court cannot amend an order to impose further affirmative relief. If an amendment grants no further relief but merely more clearly articulates the same substantive relief, it may be made under Rule 60(a) at any time.

State v. White 2018 ND 266
Docket No.: 20180020
Filing Date: 12/6/2018
Case Type: DRUGS/CONTRABAND
Author: Crothers, Daniel John

Highlight: The warrantless search of supervised probationer’s home is reasonable under totality of the circumstances and does not violate Fourth Amendment protections against unreasonable search and seizure.

Adoption of A.S. 2018 ND 265
Docket No.: 20180326
Filing Date: 12/6/2018
Case Type: TERMINATION/PARENTAL RIGHTS
Author: McEvers, Lisa K. Fair

Highlight: A district court's findings of fact in a termination of parental rights proceeding will not be reversed on appeal unless they are clearly erroneous.

A finding on one of three alternative grounds authorizing termination of parental rights under N.D.C.C. 14-15-19(3) is sufficient to uphold a district court's order terminating parental rights on that ground.

Stein v. State 2018 ND 264
Docket No.: 20180128
Filing Date: 12/6/2018
Case Type: POST-CONVICTION RELIEF
Author: Jensen, Jon J.

Highlight: A district court may summarily dismiss an application for post-conviction relief if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Ineffective assistance of counsel issues are mixed questions of law and fact, which are fully reviewable on appeal.

When a claim made in an application for post-conviction relief is clearly and unambiguously contradicted by the record, summary disposition is appropriate.

When determining if summary disposition is appropriate on claims of ineffective assistance of counsel, the record and transcripts are generally not adequate if the petitioner alleges incidents outside of the record.

Dahms, et al. v. Nodak Mutual Insurance Co., et al. 2018 ND 263
Docket No.: 20180202
Filing Date: 12/6/2018
Case Type: INSURANCE
Author: VandeWalle, Gerald W.

Highlight: A detached garage connected to a dwelling by a deck constituted an “other structure” rather than a “dwelling” for purposes of determining insurance coverage.

Summary judgment is appropriate against a party who fails to establish the existence of a factual dispute as to an essential element of his claim and on which he will bear the burden of proof at trial.

State, et al. v. Martin 2018 ND 262
Docket No.: 20180141
Filing Date: 12/6/2018
Case Type: CHILD CUST & SUPPORT (Div.\Other)
Author: VandeWalle, Gerald W.

Highlight: District court did not err in denying a Rule 60(b) motion for relief from judgment where party was properly provided notice and served with the motion for default judgment.

Hunts Along v. N.D. Dep't of Transportation 2018 ND 261
Docket No.: 20180146
Filing Date: 12/6/2018
Case Type: TRANSPORTATION DEPT.
Author: VandeWalle, Gerald W.

Highlight: Department did not err in revoking defendant’s drivers license under N.D.C.C. § 39-20-14 following defendant’s refusal of on-site breath test.

A party who refuses a screening or chemical test cannot challenge the unperformed tests’ compliance with statutory requirements.

We cannot logically construe the statutes to require the State to provide foundational evidence for a test which was refuse, thus making the foundational evidence irrelevant.

Matter of Kulink 2018 ND 260
Docket No.: 20180083
Filing Date: 12/6/2018
Case Type: CIVIL COMMIT OF SEXUAL PREDATOR
Author: Tufte, Jerod E.

Highlight: A district court order denying discharge from civil commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2)

Schultz v. Schultz 2018 ND 259
Docket No.: 20180097
Filing Date: 12/6/2018
Case Type: DIVORCE/PROPERTY DIV./ALIMONY
Author: Tufte, Jerod E.

Highlight: There is no bright-line rule to distinguish between short and long-term marriages.

This Court will not reverse a district court’s findings on valuation of marital property unless they are clearly erroneous.

When a distribution of property includes periodic cash payments from one spouse to another, a district court has broad authority to provide for the payment of interest in order to achieve an equitable distribution of the property.

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