New opinions: June 8 Thursday, June 9, 2022
The Supreme Court has issued 11 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
State v. Pulkrabek 2022 ND 128 Highlight: When the defendant does not raise a public challenge to any of the violations he asserts on appeal, this Court concludes any potential error should be treated as a forfeited error, subject to a review as an obvious error under N.D.R.Crim.P. 52(b). |
State v. Thomas 2022 ND 126 Highlight: A district court has broad discretion in admitting or excluding evidence at trial. |
State v. Bradshaw 2022 ND 125 Highlight: An issue not properly preserved for appeal is limited to whether the alleged error constitutes obvious error affecting substantial rights. |
Quamme v. Quamme 2022 ND 124 Highlight: An appellate court’s jurisdiction generally attaches upon the filing of a notice of appeal and is not relinquished until the court issues its mandate. |
Interest of A.C. 2022 ND 123 Highlight: While this Court defers to a tribe on its membership determinations, without consistent and clear factual findings supporting the application of ICWA and North Dakota heightened review for Indian families, this Court is unable to determine the father’s issues on appeal. |
Lehnerz, et al. v. Christopher 2022 ND 122 Highlight: A disorderly conduct restraining order is reviewed for an abuse of discretion. |
State v. Frohlich 2022 ND 121 Highlight: A criminal judgment entered after a jury found a defendant guilty of gross sexual imposition is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
State v. Tergesen 2022 ND 120 Highlight: A district court’s restitution order is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
Blue Appaloosa v. NDIC 2022 ND 119 Highlight: The Industrial Commission’s jurisdiction does not depend solely on the filing of an application, but instead on the jurisdictional fact of intent. The Commission has the authority and duty to investigate potential violations of its regulations, including a failure to obtain a permit or file a bond. |
Larson v. WSI 2022 ND 118 Highlight: An appellant must satisfy statutory requirements for perfecting an appeal to the district court from an administrative agency decision for the court to have subject matter jurisdiction. |
Interest of A.G. 2022 ND 0127 Highlight: A juvenile court order finding two children to be in need of protection is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |