Opinions

Matter of Rose Henderson Peterson Mineral Trust 2022 ND 170
Docket No.: 20210258
Filing Date: 9/15/2022
Case Type: PROBATE - WILLS - TRUSTS
Author: Per Curiam

Highlight: A district court judgment concerning the administration of a trust is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Interest of A.C. 2022 ND 169
Docket No.: 20220081
Filing Date: 9/15/2022
Case Type: TERMINATION/PARENTAL RIGHTS
Author: Per Curiam

Highlight: A juvenile court order terminating parental rights is summarily affirmed under N.D.R.App. 35.1(a)(2) and (4).

Hendrix, et al. v. Jaeger 2022 ND 168
Docket No.: 20220233
Filing Date: 9/7/2022
Case Type: WRIT OF MANDAMUS (Civil)
Author: Tufte, Jerod E.

Highlight: The Secretary of State misapplies the law by excluding qualified elector signatures on circulated petitions on the basis of a determination that a pattern of likely notary violations on some petitions permitted the wholesale invalidation of all signatures on all petitions that were sworn before the same notary.

Interest of J.G. 2022 ND 167
Docket No.: 20220189
Filing Date: 9/1/2022
Case Type: TERMINATION/PARENTAL RIGHTS
Author: Per Curiam

Highlight: A juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Newfield Exploration Company, et al. v. State, et al. 2022 ND 166
Docket No.: 20220022
Filing Date: 9/1/2022
Case Type: OIL, GAS AND MINERALS
Author: Crothers, Daniel John

Highlight: An obligation arises from the parties’ contract or the operation of law.

A well operator has a statutory obligation to pay royalties to a mineral interest owner whether the interest is leased or unleased.

Kershaw v. Finnson, et al. 2022 ND 165
Docket No.: 20210355
Filing Date: 9/1/2022
Case Type: CHILD CUST & SUPPORT (Div.\Other)
Author: McEvers, Lisa K. Fair

Highlight: Contradictory testimony is resolved in favor of affirmance on appeal.

Wholesale or verbatim adoption of proposed findings of fact and conclusions of law is disapproved. However, wholesale adoption of proposed findings is not reason alone to reverse a court’s decision. Adopted findings will be affirmed if they adequately explain the rationale for the court’s decision and are not clearly erroneous.

Parenting time decisions must be made based on the best interests of the child. Absent a reason for denying it, some form of extended summer parenting time is routinely awarded.

An evidentiary decision will not be reversed unless the complaining party objected and the court’s decision affects a party’s substantial rights.

A successor judge must certify him or herself as familiar with the record under N.D.R.Civ.P. 63 to proceed with a trial or hearing that has been commenced by a judge who cannot complete it.

Sholy v. Cass Cty. Comm’n 2022 ND 164
Docket No.: 20220033
Filing Date: 9/1/2022
Case Type: ADMINISTRATIVE PROCEEDING
Author: Tufte, Jerod E.

Highlight: An appeal from a decision of a county commission must be made within thirty days of the decision under N.D.C.C. § 28-34-01(1). The time to appeal commences when the commission votes to approve the decision.

Vogt v. State 2022 ND 163
Docket No.: 20220058
Filing Date: 8/18/2022
Case Type: POST-CONVICTION RELIEF
Author: McEvers, Lisa K. Fair

Highlight: The North Dakota Rules of Civil Procedure are applicable in post-conviction relief proceedings to the extent they do not conflict with the Uniform Postconviction Procedure Act.

Application of the newly discovered evidence exception to the N.D.C.C. § 29-32.1-01 statute of limitations for post-conviction relief petitions requires the petitioner allege that the newly discovered evidence would establish the petitioner did not engage in the criminal conduct for which he or she was convicted.

Issues that were not raised in the district court will not be addressed for the first time on appeal.

State v. Doglod 2022 ND 162
Docket No.: 20220035
Filing Date: 8/18/2022
Case Type: MISC. STATUTORY OFFENSE (FELONY)
Author: Per Curiam

Highlight: A criminal judgment entered after a jury found the defendant guilty of terrorizing and criminal trespass is summarily affirmed under N.D.R.App.P. 35.1(a).

Dieterle v. Dieterle n/k/a Hansen, et al. 2022 ND 161
Docket No.: 20220094
Filing Date: 8/18/2022
Case Type: CHILD CUST & SUPPORT (Div.\Other)
Author: Crothers, Daniel John

Highlight: Orders denying a party permission to file new motions are not appealable.

An order imposing attorney’s fees may be appealable depending on whether the district court intended the order to be final.

A demand for a change of judge is invalid if it is filed more than ten days after the notice of assignment of a judge.