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New opinions: March 16 Thursday, March 16, 2023

The Supreme Court has issued 8 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:

Wrigley v. Romanick, et al. 2023 ND 50
Docket No.: 20220260
Filing Date: 3/16/2023
Author: Jensen, Jon J.

Highlight: There is a fundamental right for a woman to obtain an abortion in instances where it is necessary to preserve her life or health.

Access Independent Health Services, Inc., d/b/a Red River Women’s Clinic has a substantial likelihood of succeeding in establishing N.D.C.C. § 12.1-31-12 is not narrowly tailored to the State’s compelling interests.

A granting of a preliminary injunction will not be overturned unless the district court abused its discretion.

Interest of C.V. 2023 ND 49
Docket No.: 20230040
Filing Date: 3/16/2023
Author: Per Curiam

Highlight: An appeal from a juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(4)

Brockmeyer v. Brockmeyer, et al. 2023 ND 48
Docket No.: 20220192
Filing Date: 3/16/2023
Case Type: CHILD CUST & SUPPORT (Div.\Other)
Author: McEvers, Lisa K. Fair

Highlight: Issues not necessary to the determination of an appeal will not be addressed.

The district court may rely on pre-divorce conduct when determining a custody matter when it was unaware of the conduct prior to the time of the hearing.

Issues not argued to the district court will not be considered for the first time on appeal.
A district court’s order denying a motion to modify primary residential responsibility is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Watts 2023 ND 47
Docket No.: 20220206
Filing Date: 3/16/2023
Author: Crothers, Daniel John

Highlight: Evidence not stricken from the record, or for which the jury was not instructed to disregard, remains available for the jury’s consideration.

Sufficient evidence for a conviction exists if based on the evidence a jury could draw a reasonable inference of guilt.

An objection must be made to preserve each alleged issue for appeal. Without an objection, the alleged issue is reviewed for obvious error.

An individual who has pleaded guilty or been found guilty of indecent exposure is required to register as a sexual offender. The district court may deviate from this requirement, if specified conditions exist.

State v. Hanson 2023 ND 46
Docket No.: 20220215
Filing Date: 3/16/2023
Author: McEvers, Lisa K. Fair

Highlight: Comments from the State focusing on inconsistencies in a defendant’s case do not amount to prosecutorial misconduct.

Substantial evidence existed to support the conviction and is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Crichlow v. Andrews 2023 ND 45
Docket No.: 20220204
Filing Date: 3/16/2023
Author: Crothers, Daniel John

Highlight: A district court must consider all of the parties’ assets and debts, including separate property, to ensure an equitable distribution of the marital estate.

A district court does not have discretion to include in the marital estate property acquired after the valuation date.

State v. Isaak 2023 ND 44
Docket No.: 20220031
Filing Date: 3/16/2023
Author: McEvers, Lisa K. Fair

Highlight: An abatement ab initio of a criminal prosecution means a dismissal of all proceedings in the prosecution from its inception.
Abatement ab initio in criminal proceedings is inconsistent with N.D. Const. art. I, § 25.
Appeals will be dismissed as moot when no actual controversy is left to be decided unless a decision would have collateral consequences.

4201 2nd Ave W v. First State Bank & Trust, et al. 2023 ND 43
Docket No.: 20220309
Filing Date: 3/16/2023
Author: Jensen, Jon J.

Highlight: Secured creditors may recover on a debt by proceeding against all collateral in a single action or by proceeding against personal property after foreclosing a real property mortgage securing the same debt.

An existing lien on collateral, when acknowledged by a subsequent party taking an interest in that collateral, will remain foreclosable by the secured party maintaining the lien.

Privity exists when one is so identified in interest with another that the person represents the same legal right.

The plain language of a contract is used to determine the parties’ intent.