Opinions

State v. Moore 2023 ND 10
Docket No.: 20220242
Filing Date: 1/20/2023
Case Type: DRUGS/CONTRABAND
Author: Per Curiam

Highlight: A criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

State v. Rademacher 2023 ND 9
Docket No.: 20220126
Filing Date: 1/20/2023
Case Type: HOMICIDE
Author: Crothers, Daniel John

Highlight: Under N.D.R.Crim.P. 43(a)(1)(B), a defendant has a right to be present in the courtroom at every critical stage of trial. This right is not absolute. A defendant need not be present for discussions about routine administrative matters, logistical, procedural and housekeeping matters, and rulings on evidence and objections.

To request the amendment of a rule, a petitioner must file properly under N.D.R.Proc.R. § 3.1.

State v. Krall 2023 ND 8
Docket No.: 20220112
Filing Date: 1/20/2023
Case Type: HOMICIDE
Author: VandeWalle, Gerald W.

Highlight: The district court’s determination of a witness’s credibility is deferred to and conflicts in testimony are resolved in favor of affirming the court’s decision in an appeal from a decision on a motion to suppress evidence.

The inevitable discovery doctrine applies only when the police have not acted in bad faith to accelerate the discovery of evidence and the prosecution proves the evidence would have been found without the unlawful activity.

Quamme v. Quamme 2023 ND 7
Docket No.: 20220197
Filing Date: 1/5/2023
Case Type: CHILD CUST & SUPPORT (Div.\Other)
Author: VandeWalle, Gerald W.

Highlight: In determining an obligor’s child support obligation, the court errs as a matter of law if it does not comply with the child support guidelines.

In deciding whether to award spousal support, the court must consider the needs of the spouse seeking support and the ability of the other spouse to pay.

State v. Smith 2023 ND 6
Docket No.: 20220063
Filing Date: 1/5/2023
Case Type: MISC. STATUTORY OFFENSE (FELONY)
Author: VandeWalle, Gerald W.

Highlight: A party may not challenge on appeal an alleged error invited by that party.

An obvious error is an error that is plain and affects the defendant’s substantial rights.

Jury instructions must correctly and adequately inform the jury of the law, and a jury instruction that fails to instruct the jury on all of the essential elements of an offense is in error.

Interest of S.M.B. 2023 ND 5
Docket No.: 20220365
Filing Date: 1/5/2023
Case Type: MENTAL HEALTH
Author: Per Curiam

Highlight: An order for continued treatment is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

UMB Bank N.A. v. Eagle Crest Apartments, et al. 2023 ND 4
Docket No.: 20220108
Filing Date: 1/5/2023
Case Type: FORECLOSURE
Author: McEvers, Lisa K. Fair

Highlight: When a party files a motion for a new trial under N.D.R.Civ.P. 59, review on appeal is limited to the grounds presented in the motion.
Entities sharing common ownership may be responsible for each other’s liability under veil piercing jurisprudence.
Jury findings are not required for entry of a deficiency judgment on commercial property.

State v. Banerjee 2023 ND 3
Docket No.: 20220266
Filing Date: 1/5/2023
Case Type: MISC. STATUTORY OFF. (MISDEMEANOR)
Author: Per Curiam

Highlight: Dismissal of motions requesting a new trial are summarily affirmed under N.D.R.App.P. 35.1(a)(8).

Matter of Michael J. Tharaldson Trust 2023 ND 2
Docket No.: 20220182
Filing Date: 1/5/2023
Case Type: PROBATE - WILLS - TRUSTS
Author: Tufte, Jerod E.

Highlight: The primary objective in construing a trust instrument is to ascertain the settlor’s intent. When a trust instrument is unambiguous, the settlor’s intent is ascertained from the language of the trust document itself.

Norberg v. Norberg, et al. 2023 ND 1
Docket No.: 20220064
Filing Date: 1/5/2023
Case Type: CHILD CUST & SUPPORT (Div.\Other)
Author: VandeWalle, Gerald W.

Highlight: A party moving for relief from a judgment under N.D.R.Civ.P. 60(b) has the burden to establish sufficient grounds for relief.