New opinions: July 8 Thursday, July 8, 2021

Matter of O.H.W. 2021 ND 129
Docket No.: 20210006
Filing Date: 7/8/2021
Case Type: CIVIL COMMIT OF SEXUAL PREDATOR
Author: Per Curiam

Highlight: A district court’s order denying an application for discharge from civil commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Scott v. Scott 2021 ND 128
Docket No.: 20200344
Filing Date: 7/8/2021
Case Type: CHILD CUST & SUPPORT (Div.\Other)
Author: McEvers, Lisa K. Fair

Highlight: A party moving to modify joint residential responsibility more than two years after the initial order establishing residential responsibility bears the burden of showing a material change in circumstances has occurred. A court’s decision on whether a material change has occurred is a finding of fact which will not be reversed unless it is clearly erroneous. A court is not required to analyze the best interest factors if a material change is not shown.

City of Lincoln v. McCorkell 2021 ND 127
Docket No.: 20200319
Filing Date: 7/8/2021
Case Type: DUI/DUS
Author: Per Curiam

Highlight: A criminal judgment for driving under suspension is summarily affirmed under N.D R.App.P. 35.1(a)(7).

Hussiene v. NDDOT 2021 ND 126
Docket No.: 20210045
Filing Date: 7/8/2021
Case Type: TRANSPORTATION DEPT.
Author: VandeWalle, Gerald W.

Highlight: Evidence supported a hearing officer’s finding that a highway patrol trooper had a reasonable and articulable suspicion to stop a motorist for failure to stop at a red light.

The weight of the evidence showed a motorist refused to submit to a chemical breath test.

State v. Crites 2021 ND 125
Docket No.: 20200356
Filing Date: 7/8/2021
Case Type: MISC. STATUTORY OFFENSE (FELONY)
Author: Per Curiam

Highlight: A district court’s criminal judgment following a jury verdict is summarily affirmed under N.D.R.App.P 35.1(a)(3) and (4).

Eubanks v. Fisketjon, et al. 2021 ND 124
Docket No.: 20200288
Filing Date: 7/8/2021
Case Type: CHILD CUST & SUPPORT (Div.\Other)
Author: VandeWalle, Gerald W.

Highlight: The district court erred when it included half of an obligor and his roommate’s share of rent owed to a landlord as the obligor’s income for purposes of calculating child support.

Parenting decisions must be made in light of the child’s best interests.

City of Lincoln v. Schuler 2021 ND 123
Docket No.: 20200314
Filing Date: 7/8/2021
Case Type: DUI/DUS
Author: Crothers, Daniel John

Highlight: This Court will affirm a district court decision regarding a motion to suppress if there is sufficient competent evidence fairly capable of supporting the district court’s findings, and the decision is not contrary to the manifest weight of the evidence.

Interpretation of a statute is a question of law fully reviewable on appeal.

Section 39-10-38, N.D.C.C., requires that no person may turn a vehicle or move right or left on a roadway without giving an appropriate signal and make such turn or movement with reasonable safety.

Reasonable suspicion and criminality are different inquiries and the actual commission of a crime is not required to support a finding of reasonable suspicion.

Dietzler v. Dietzler 2021 ND 122
Docket No.: 20210001
Filing Date: 7/8/2021
Case Type: CHILD CUST & SUPPORT (Div.\Other)
Author: Per Curiam

Highlight: The judgment of the district court is summarily affirmed as not clearly erroneous under N.D.R.App.P. 35.1(a)(2).

WSI v. Kemmet 2021 ND 121
Docket No.: 20210063
Filing Date: 7/8/2021
Case Type: OTHER (Civil)
Author: Per Curiam

Highlight: A district court’s summary judgment and denial of post-judgment motion are summarily affirmed under N.D.R.App.P. 35.1(a)(1), (4), and (6).

State v. Eggleston 2021 ND 120
Docket No.: 20200285
Filing Date: 7/8/2021
Case Type: HOMICIDE
Author: Jensen, Jon J.

Highlight: Constitutional issues not appropriately raised in the district court will not be considered for the first time on appeal.

State v. Jensen 2021 ND 119
Docket No.: 20200295
Filing Date: 7/8/2021
Case Type: DRUGS/CONTRABAND
Author: Jensen, Jon J.

Highlight: When a defendant has previously filed an application for post-conviction relief, a subsequent motion filed under the Rules of Criminal Procedure will be treated as an application for post-conviction relief when the motion seeks to evade the boundaries of post-conviction proceedings.

On its own initiative, a court may enter a judgment denying a meritless application for post-conviction relief on any and all issues raised in the application before any response by the state. A district court’s summary dismissal of an application for post-conviction relief before a response by the State is analogous to dismissal of a civil complaint under N.D.R.Civ.P. 12(b) for failure to state a claim upon which relief can be granted.

A defendant may waive their speedy trial claim in four ways: (1) by failing to present the claim prior to or at the trial; (2) by entering a voluntary plea of guilty; (3) by failing to demand a prompt trial; or (4) by expressly consenting to the delay.

State v. Lelm 2021 ND 118
Docket No.: 20200236
Filing Date: 7/8/2021
Case Type: DRUGS/CONTRABAND
Author: Jensen, Jon J.

Highlight: The State bears the burden to prove a warrantless search falls within an exception to the warrant requirement.

The automobile exception allows law enforcement to search a vehicle for illegal contraband without a warrant when probable cause exists.

The search incident to arrest exception is limited to searches that implicate interests in protecting officer safety and evidence preservation.

The inevitable discovery doctrine allows evidence obtained during an unlawful search to be admissible where it is shown that the evidence would have been gained even without the unlawful action.