New opinions: Jan. 21 Friday, January 21, 2022
The Supreme Court has issued nine new opinions.
The summaries are below.
To see an opinion, click on the "View Opinion" button. Opinions display in a printable format. Hyperlinks to all North Dakota opinions and rules cited in an opinion are included in the text: hover over the citation and click to follow the hyperlink.
See other Supreme Court opinions at: https://www.ndcourts.gov/supreme-court/opinions
Divide County v. Stateline Service, et al. 2022 ND 24 Highlight: A road restriction is not published for purposes of N.D.C.C. § 39-12-03(2)(a) unless the information is available in the typical location where a user seeking such information would expect to find it. |
Bubel v. Bubel 2022 ND 23 Highlight: An order denying a motion to modify primary residential responsibility is summarily affirmed under N.D.R.App.P. 35.1(a)(7). |
Friesz v. State 2022 ND 22 Highlight: An applicant has the burden to support their application for post-conviction relief with competent admissible evidence once the State moves for summary dismissal. |
State v. Martinez 2022 ND 21 Highlight: A criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(7) as the defendant failed to move to dismiss based on a speedy trial violation. |
Simmons v. Cudd Pressure Control, et al. 2022 ND 20 Highlight: Contractual waiver requires a right or privilege a party is legally entitled to enforce. |
Anderson v. Pedie, et al. 2022 ND 19 Highlight: A motion to modify primary residential responsibility made within two years of an order establishing primary residential responsibility triggers the heightened requirements of N.D.C.C. § 14-09-06.6(1), (3), (5). The district court shall consider a motion to modify primary residential responsibility on briefs and without oral argument or evidentiary hearing and shall deny the motion unless the court finds the moving party has established a prima facie case justifying a modification. Allegations alone do not establish a prima facie case, and affidavits supporting the motion for modification must include competent information, which usually requires the affiant have first-hand knowledge. |
State v. Bolinske, Sr. 2022 ND 18 Highlight: A person arrested and detained without a warrant is entitled to a probable cause determination within 48 hours. |
Fischer v. Hoyt 2022 ND 17 Highlight: Recovery of attorney’s fees by a prevailing plaintiff under N.D.C.C. § 27-08.1-04 is available after the defendant removes a small claims action to the district court. |
Pomarleau v. Pomarleau, et al. 2022 ND 16 Highlight: A district court may consider whether an obligor made a voluntary change in employment, and if they find the obligor did, the district court has the discretion to base the obligor’s child support income based on the previous, higher income. |