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State v. McCreary2021 ND 212 Docket No.: 20210064 Filing Date: 12/1/2021 Case Type: ASSAULT Author: McEvers, Lisa K. Fair
Highlight:A flashlight may be found to be a dangerous weapon under N.D.C.C. 12.1-01-04(6).
Dangerous weapon statute is not exhaustive, and whether an object is a dangerous weapon under the circumstances is a determination for the fact finder.
Quamme v. Quamme2021 ND 208 Docket No.: 20210093 Filing Date: 12/1/2021 Case Type: DIVORCE/PROPERTY DIV./ALIMONY Author: McEvers, Lisa K. Fair
Highlight:For purposes of determining child support, commissions do not necessarily constitute self-employment income under N.D. Admin. Code § 75-02-04.1-01(10).
Debt regularly forgiven by an employer from a loan based on an obligor’s employment constitutes gross income under N.D. Admin. Code § 75-02-04.1-01(4)(b) and (5).
For purposes of awarding spousal support, the district court does not need to provide a complete calculation of each parties’ assets, debts, and expenses, but a clear description of the parties’ financial situation is helpful in understanding the court’s rationale. When a court’s rationale is unclear, reversal and remand is appropriate.