Disciplinary Board v. Pilch2024 ND 35 Docket No.: 20240023 Filing Date: 2/22/2024 Case Type: DISCIPLINARY PROCEEDINGS (Civil) Author: Per Curiam
Highlight:Lawyer disbarred.
Garaas, et al. v. Petro-Hunt2024 ND 34 Docket No.: 20230200 Filing Date: 2/22/2024 Case Type: OIL, GAS AND MINERALS Author: Bahr, Douglas Alan
Highlight:A dismissal without prejudice is appealable if the judgment has the practical effect of terminating litigation in the plaintiffs’ chosen forum.
Administrative exhaustion is required when the issues raised in the case are within the jurisdiction of an administrative agency and there are issues of fact in dispute.
State v. Rinde2024 ND 33 Docket No.: 20230285 Filing Date: 2/22/2024 Case Type: MISC. STATUTORY OFFENSE (FELONY) Author: Bahr, Douglas Alan
Highlight:The August 1, 2021 amendment to N.D.C.C. § 12.1-32-07(6) does not apply retroactively.
When a defendant’s original conviction and sentence is entered on or after August 1, 2021, the pre-amendment version of N.D.C.C. § 12.1-32-07(6) does not apply to limit a district court’s ability to resentence a defendant to no more than the previously imposed, but suspended, sentence.
NDIC v. Gould, et al.2024 ND 32 Docket No.: 20230188 Filing Date: 2/22/2024 Case Type: FORECLOSURE Author: Crothers, Daniel John
Highlight:Lien priority usually is based on its date of perfection.
North Dakota follows the "American Rule" by which successful litigants are not allowed to recover attorney's fees unless authorized by contract or statute.
Appeals involving questions of first impression typically are not frivolous.
Nelson v. Nelson, et al.2024 ND 31 Docket No.: 20230264 Filing Date: 2/22/2024 Case Type: CHILD CUST & SUPPORT (Div.\Other) Author: Crothers, Daniel John
Highlight:A district court must weigh all four Stout-Hawkinson factors when determining whether a moving parent can relocate to a different state with the children.
Williams v. Vraa, et al.2024 ND 30 Docket No.: 20230248 Filing Date: 2/22/2024 Case Type: CHILD CUST & SUPPORT (Div.\Other) Author: McEvers, Lisa K. Fair
Highlight:A court’s determination that a petitioner did not establish a prima facie case to support an award of nonparent visitation is reviewed de novo.
When we interpret and apply provisions in a uniform law, it must be construed to effectuate its general purpose and we may look to official editorial board comments for guidance.
When considering whether a parent is a consistent caretaker, the 12-month requirement of N.D.C.C. § 14-09.4-03(2)(a) need not be consecutive months and need not be immediately preceding the petition when the nonparent caretaker continues significant contact with the child.
A party seeking a nonparent visitation is entitled to an evidentiary hearing if he presents a prima facie case by alleging, with supporting declarations, sufficient facts which, if uncontradicted, would support an award of nonparent visitation. In determining whether a prima facie case has been established, the trial court must accept the truth of the moving party’s allegations.
State v. Fischer2024 ND 29 Docket No.: 20230239 Filing Date: 2/22/2024 Case Type: THEFT Author: Crothers, Daniel John
Highlight:A district court can accept a guilty plea without accepting a plea agreement. When considering a plea agreement, the court can reject a guilty plea until it accepts the plea agreement or sentences the defendant.
A defendant cannot receive the benefit of a bargained for plea agreement when the State and the defendant are not bound by the whole plea agreement.
The judge’s comments in court explaining his decision does not create bias when they are made before a jury is empaneled, the jury does not hear the comments, and the comments are not part of the jury’s deliberations.
