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Mbulu v. State2022 ND 138 Docket No.: 20210224 Filing Date: 7/7/2022 Case Type: POST-CONVICTION RELIEF Author: VandeWalle, Gerald W.
Highlight:A party opposing a motion to summarily dismiss a claim for post-conviction relief is entitled to all reasonable inferences and is entitled to an evidentiary hearing if a reasonable inference raises a genuine issue of material fact.
A claim for post-conviction relief may be deemed abandoned if it is not further developed after it is first made in the application for post-conviction relief.
Baker v. Erickson2022 ND 137 Docket No.: 20210288 Filing Date: 7/7/2022 Case Type: OTHER (Civil) Author: Tufte, Jerod E.
Highlight:A tribal court restraining order is not entitled to full faith and credit in North Dakota state courts if the tribal court did not have personal or subject matter jurisdiction over the parties or matter.
Berdahl v. Berdahl2022 ND 136 Docket No.: 20210320 Filing Date: 7/7/2022 Case Type: DIVORCE/PROPERTY DIV./ALIMONY Author: McEvers, Lisa K. Fair
Highlight:A district court’s valuations of marital property are not clearly erroneous if they are within the range of evidence, and the value the court gives to marital property depends on the evidence presented.
Both economic and noneconomic fault may be considered in dividing marital property, but evidence presented may indicate both parties must share responsibility for the failure of the marriage.
Section 14-05-24(1), N.D.C.C. (2017), is not ambiguous and the district court does not have discretion to choose a valuation date for the marital estate. A court clearly errs by including property acquired after the valuation date provided by statute.
District court requiring one party to continue to pay post-separation marital expenses was equitable, as paying party had greater earnings and earning capacity and the obligation to pay had predetermined end date.
Rehabilitative spousal support may be awarded to provide receiving spouse with opportunity to acquire education, training, work skills, or experience to become self-sustaining.
A district court abuses its discretion by awarding attorney’s fees without proper statutory authority and without specific findings relating to ability to pay and need.
Hanson v. NDDOT2022 ND 135 Docket No.: 20220071 Filing Date: 7/7/2022 Case Type: TRANSPORTATION DEPT. Author: Tufte, Jerod E.
Highlight:A Department of Transportation hearing officer’s decision to admit or exclude evidence will be reversed on appeal only if the hearing officer abused her discretion.
Hearing exhibit provided documentary evidence establishing an Intoxilyzer 8000 device was installed by a field inspector.
State v. Piker2022 ND 134 Docket No.: 20210344 Filing Date: 7/7/2022 Case Type: MISC. STATUTORY OFFENSE (FELONY) Author: Crothers, Daniel John
Highlight:District courts “shall take into account the reasonable damages sustained by the victim or victims of the criminal offense, which damages are limited to those directly related to the criminal offense and expenses actually incurred as a direct result of the defendant’s criminal action” in determining restitution amounts.
Self-defense operates as a bar to conviction rather than to reduce or eliminate restitution.
Interest of T.E.2022 ND 133 Docket No.: 20220171 Filing Date: 7/7/2022 Case Type: MENTAL HEALTH Author: Per Curiam
Highlight:A district court’s orders for hospitalization and involuntary treatment with medication are summarily affirmed under N.D.R.App.P. 35.1(a)(2).
