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New opinions: July 7 Thursday, July 7, 2022

The Supreme Court has issued six 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:

Mbulu v. State 2022 ND 138
Docket No.: 20210224
Filing Date: 7/7/2022
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. Erickson 2022 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. Berdahl 2022 ND 136
Docket No.: 20210320
Filing Date: 7/7/2022
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. NDDOT 2022 ND 135
Docket No.: 20220071
Filing Date: 7/7/2022
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. Piker 2022 ND 134
Docket No.: 20210344
Filing Date: 7/7/2022
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
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).