New opinions: May 12 Thursday, May 12, 2022

Matter of Shane Lance Yates 2022 ND 103
Docket No.: 20220054
Filing Date: 5/12/2022
Case Type: OTHER (Civil)
Author: Per Curiam

Highlight: District court orders denying petitions for name changes and requests for evidentiary hearings are summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Matter of Amy Jo Yates 2022 ND 103
Docket No.: 20220056
Filing Date: 5/12/2022
Case Type: OTHER (Civil)
Author: Per Curiam

Highlight: District court orders denying petitions for name changes and requests for evidentiary hearings are summarily affirmed under N.D.R.App.P. 35.1(a)(7).

State v. Rodriguez 2022 ND 102
Docket No.: 20210359
Filing Date: 5/12/2022
Case Type: MISC. STATUTORY OFFENSE (FELONY)
Author: Crothers, Daniel John

Highlight: A district court’s dismissal of a criminal information is reviewed for an abuse of discretion.

A criminal information must identify the defendant, and must be a plain, concise, and definite written statement of the essential facts constituting the elements of the offense charged.

State v. Benter 2022 ND 101
Docket No.: 20210199
Filing Date: 5/12/2022
Case Type: SEXUAL OFFENSE
Author: VandeWalle, Gerald W.

Highlight: To represent oneself, a criminal defendant must voluntarily, knowingly, and intelligently waive the right to counsel.

A defendant’s conduct may be the functional equivalent of a voluntary waiver of the right to counsel.

A district court has a continuing responsibility during trial to decide whether a self-represented defendant is competent to present his or her own defense. To ensure the defendant is afforded a fair trial, a district court can appoint counsel for the defendant during trial if the court determines the defendant is no longer competent to present his or her own defense.

State v. Koval 2022 ND 100
Docket No.: 20210356
Filing Date: 5/12/2022
Case Type: MISC. STATUTORY OFF. (MISDEMEANOR)
Author: Jensen, Jon J.

Highlight: When a party challenges an underlying order prohibiting contact in a proceeding for violating that order, the challenge constitutes an impermissible collateral attack on the underlying order.

Updike v. Updike, et al. 2022 ND 99
Docket No.: 20210265
Filing Date: 5/12/2022
Case Type: CHILD CUST & SUPPORT (Div.\Other)
Author: McEvers, Lisa K. Fair

Highlight: An underemployed child support obligor did not provide evidence to establish the N.D. Admin. Code § 75-02-04.1-07(5) exception for imputation of income based on the unavailability of employment applied.

WSI v. Boechler, PC, et al. 2022 ND 98
Docket No.: 20210225
Filing Date: 5/12/2022
Case Type: WORKERS COMPENSATION
Author: Tufte, Jerod E.

Highlight: A dismissal without prejudice is ordinarily not appealable because either side may commence another action.

When deciding a due process claim, we consider whether a constitutionally protected property or liberty interest is at stake and, if so, whether minimum procedural due process requirements were met.

WSI is required to notify an employer of the premiums and penalties that employer owes to WSI, and if the employer fails to pay that amount within thirty days, WSI may collect the premiums and penalties by civil action.

Under the North Dakota and U.S. Constitutions, excessive fines shall not be imposed. The federal excessive fines clause is violated if the fine is grossly disproportional to the gravity of a defendant’s offense.

Wheeler v. State 2022 ND 97
Docket No.: 20220024
Filing Date: 5/12/2022
Case Type: POST-CONVICTION RELIEF
Author: Per Curiam

Highlight: A district court’s N.D. Sup. Ct. Admin. R. 58 vexatious litigant pre-filing order is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).

State v. Houle 2022 ND 96
Docket No.: 20210331
Filing Date: 5/12/2022
Case Type: ASSAULT
Author: McEvers, Lisa K. Fair

Highlight: A party may not challenge as error a ruling or other trial proceeding invited by that party.

The “invited error doctrine” applies unless a constitutional error is structural, and defendant conceded any alleged error was not constitutional.

State v. Oshiro 2022 ND 95
Docket No.: 20210254
Filing Date: 5/12/2022
Case Type: SEXUAL OFFENSE
Author: Tufte, Jerod E.

Highlight: A defendant’s release from prison renders his sentencing appeal moot if he is not subject to supervised release or probation after completing his prison term.

City of West Fargo v. McAllister 2022 ND 94
Docket No.: 20210360
Filing Date: 5/12/2022
Case Type: OTHER (Civil)
Author: Jensen, Jon J.

Highlight: The primary purpose of statutory interpretation is to determine legislative intent.

Words in a statute are given their plain, ordinary, and commonly understood meaning, unless defined by statute or unless a contrary intention plainly appears.

The district court has discretion over evidentiary matters, including a decision to exclude the testimony of a witness.

State v. Ruiz Ledezma 2022 ND 93
Docket No.: 20210277
Filing Date: 5/12/2022
Case Type: HOMICIDE
Author: Per Curiam

Highlight: A criminal judgment entered after a defendant pled guilty to criminal vehicular homicide is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).

Matter of Rose Henderson Peterson Mineral Trust 2022 ND 92
Docket No.: 20210258
Filing Date: 5/12/2022
Case Type: PROBATE - WILLS - TRUSTS
Author: McEvers, Lisa K. Fair

Highlight: Satisfaction of an independent undisputed portion of a judgment does not operate as a full waiver of the right to appeal.

Res judicata and the law of the case doctrine do not bar litigation of the same type of claim based on different facts.

Under N.D.C.C. § 58-18-08, a trustee may not be exculpated for breaches of trust committed in bad faith or with reckless indifference to the purposes of the trust.

Absent the requisite findings and analysis, review of a district court decision is not possible and remand is appropriate.

Eikom v. Eikom 2022 ND 91
Docket No.: 20210319
Filing Date: 5/12/2022
Case Type: CHILD CUST & SUPPORT (Div.\Other)
Author: Crothers, Daniel John

Highlight: A district court’s decision to award parenting time to a noncustodial parent is based on the child’s best interests and not the wishes of the parents.

This Court may rely on implied findings of fact when the record enables it to understand factual determinations made by the district court.