New opinions: Oct. 14 Thursday, October 14, 2021
The Supreme Court has issued 12 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. Woodruff 2021 ND 187 Highlight: Criminal judgment entered after a jury found the defendant guilty of preventing arrest is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
Slappy v. Slappy 2021 ND 186 Highlight: To modify primary residential responsibility after two years, the moving party must meet the requirements of the statutory framework, including that there has been a material change in circumstances of the child or the parties, and that modification is necessary for the best interests of the child. |
State v. Deleon 2021 ND 185 Highlight: The evidence was sufficient to support the defendant’s conviction of possession of certain materials prohibited. |
Interest of K.H. 2021 ND 184 Highlight: Juvenile court orders terminating parental rights are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
Kerzmann v. Kerzmann 2021 ND 183 Highlight: To establish a prima facie case to warrant an evidentiary hearing on a motion for a change in primary residential responsibility, the moving party must present facts showing there has been both a material change in circumstances and the change is necessary for the best interests of the child under N.D.C.C. § 14-09-06.6(6). |
Wheeler v. State 2021 ND 182 Highlight: Orders denying leave to file new motions or papers are not appealable. |
Estate of Nelson 2021 ND 181 Highlight: District court orders denying motions for relief under N.D.R.Civ.P. 60(b)(6) are summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (4), and double costs and attorney fees are awarded under N.D.R.App.P. 38. |
State v. Reddog 2021 ND 180 Highlight: Criminal conviction for robbery with a firearm, destructive device, or other dangerous weapon and conspiracy to commit felonious restraint is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
State v. Urrabazo 2021 ND 179 Highlight: A criminal judgment for delivery of a controlled substance is summarily affirmed under N.D.R.App.P. 35.1(a)(3). |
Interest of D.H.H. 2021 ND 178 Highlight: An appeal from a juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
Brickle-Hicks v. State 2021 ND 177 Highlight: A district court order denying postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
State v. Clemens 2021 ND 176 Highlight: A district court order awarding restitution is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |