New opinions: Nov. 19 Thursday, November 19, 2020
The Supreme Court has issued 20 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
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Wisham v. State 2020 ND 250 Highlight: The court did not err in summarily disposing of an application for post-conviction relief after petitioner failed to respond to the State’s motion for summary disposition. |
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Estate of Moore 2020 ND 249 Highlight: In a case involving expert opinions, a choice between two permissible views of the weight of the evidence is not clearly erroneous. |
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State v. Polk 2020 ND 248 Highlight: A victim’s testimony alone is sufficient to establish all the elements of a crime. |
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State v. Conry 2020 ND 247 Highlight: The State possesses no statutory right to appeal a restitution order in a criminal case. |
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State v. Richardson 2020 ND 246 Highlight: Criminal conviction for felony reckless endangerment summarily affirmed under N.D.R.App.P 35.1(a)(3). |
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Christianson v. NDDOT 2020 ND 245 Highlight: The Canadian statute making it illegal to drive while intoxicated defines an offense equivalent to North Dakota’s driving under the influence offense for purposes of N.D.C.C. § 39-06-27(1). The Department has jurisdiction to suspend an operator’s license for a conviction under the Canadian statute. |
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State v. Wilkinson 2020 ND 244 Highlight: Criminal conviction for gross sexual imposition is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
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WSI v. Oden 2020 ND 243 Highlight: Valid service of process is necessary to assert personal jurisdiction over a defendant. If a defendant challenges the court’s exercise of personal jurisdiction, the plaintiff bears the burden of proving jurisdiction exists. The plaintiff must make a prima facie showing of jurisdiction to defeat a motion to dismiss for lack of personal jurisdiction. If the court relies only on pleadings and affidavits, the court must look at the facts in the light most favorable to the plaintiff. |
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Grengs v. Grengs 2020 ND 242 Highlight: The court lacked jurisdiction to resolve a motion to set aside a judgment during a pending appeal. |
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State v. Vaagen 2020 ND 241 Highlight: The timely filing of a notice of appeal is mandatory and jurisdictional, and cannot be waived by the appellate court. |
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Krolik v. Muscha 2020 ND 240 Highlight: Failure to observe proper hearing date provided in notice of hearing cannot be imputed to the district court. |
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Interest of K.R.C.W. 2020 ND 239 Highlight: A juvenile court may terminate parental rights solely on a finding of deprivation when the child has been in foster care for at least four hundred fifty out of the previous six hundred sixty nights. |
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Burden v. State 2020 ND 238 Highlight: A district court order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
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State v. Gates 2020 ND 237 Highlight: An appeal may be dismissed when an appellant’s brief fails to provide a court with an opportunity to meaningfully review the alleged error. |
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Estate of Lindvig 2020 ND 236 Highlight: Under N.D.C.C. § 47-10-23.1, a nontestamentary transfer of real property between spouses is conclusively presumed to be for consideration unless otherwise stated in writing. |
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State, et al. v. P.K. 2020 ND 235 Highlight: In a child support action brought by the State on behalf of a parent, a counterclaim by the defendant seeking a determination of primary residential responsibility is not a counterclaim against the State for purposes of N.D.R.Civ.P. 13(d). |
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MDU v. Behm 2020 ND 234 Highlight: Under the law of the case doctrine, a party cannot on a second appeal relitigate issues that were resolved in the first appeal or that would have been resolved had they been properly presented in the first appeal. |
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Gooss v. Gooss, et al. 2020 ND 233 Highlight: The required payment of travel expenses to exercise parenting time constitutes child support and falls under the jurisdiction of the Uniform Interstate Family Support Act (“UIFSA”). |
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Jundt v. NDDOT 2020 ND 232 Highlight: The implied consent requirements of N.D.C.C. § 39-20-01 do not apply when an individual consents to a chemical test. |
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State v. Hajicek 2020 ND 231 Highlight: Pursuant to N.D.C.C. § 44-08-20(3), a law enforcement officer acting outside of his jurisdiction may lawfully respond to a request for assistance from an officer within his jurisdiction, even if the request is solicited by the out-of-jurisdiction officer. |