Opinions

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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.

Interest of P.T.D. 2019 ND 3
Docket No.: 20180192
Filing Date: 1/15/2019
Case Type: JUVENILE LAW
Author: Per Curiam

Highlight: An appeal from a juvenile court order finding five children to be deprived is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Foster 2019 ND 28
Docket No.: 20180098
Filing Date: 1/15/2019
Case Type: MISC. STATUTORY OFFENSE (FELONY)
Author: Tufte, Jerod E.

Highlight: A witness may testify from personal knowledge about the witness’s own actions and observations even when they relate to acts technical in nature. If evidence is admitted in error, this Court will consider the entire record and decide in light of all the evidence whether the error was so prejudicial the defendant’s rights were affected and a different decision would have occurred absent the error.

Helbling v. Helbling 2019 ND 27
Docket No.: 20180095
Filing Date: 1/15/2019
Case Type: DIVORCE/PROPERTY DIV./ALIMONY
Author: McEvers, Lisa K. Fair

Highlight: When a divorce settlement agreement is incorporated and merged into a judgment, only the final judgment is interpreted and enforced, not the underlying contract between the parties.

Western Energy Corporation v. Stauffer, et al. 2019 ND 26
Docket No.: 20180283
Filing Date: 1/15/2019
Case Type: OIL, GAS AND MINERALS
Author: VandeWalle, Gerald W.

Highlight: District court judgment finding reformation of 1959 warranty deed barred by the ten-year statute of limitation under N.D.C.C. § 28-01-15(2) is affirmed.

Swanson v. Swanson 2019 ND 25
Docket No.: 20180158
Filing Date: 1/15/2019
Case Type: DIVORCE/PROPERTY DIV./ALIMONY
Author: VandeWalle, Gerald W.

Highlight: District court division of marital property was not clearly erroneous.

While long-term marriages generally support an equal distribution of the marital property, a court does not err by considering how the property was acquired and acting to preserve the viability of a business operation like a family farm by awarding a majority of the marital property, and its corresponding debt, to one party.

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