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Wrigley v. Romanick, et al.2023 ND 50 Docket No.: 20220260 Filing Date: 3/16/2023 Case Type: WRIT OF SUPERVISION (Civil) 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 Case Type: TERMINATION/PARENTAL RIGHTS 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. Watts2023 ND 47 Docket No.: 20220206 Filing Date: 3/16/2023 Case Type: MISC. STATUTORY OFF. (MISDEMEANOR) 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. Hanson2023 ND 46 Docket No.: 20220215 Filing Date: 3/16/2023 Case Type: MISC. STATUTORY OFFENSE (FELONY) 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. Andrews2023 ND 45 Docket No.: 20220204 Filing Date: 3/16/2023 Case Type: DIVORCE/PROPERTY DIV./ALIMONY 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. Isaak2023 ND 44 Docket No.: 20220031 Filing Date: 3/16/2023 Case Type: HOMICIDE 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.
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.
