Opinions

Werven v. Werven 2016 ND 60
Docket No.: 20150201
Filing Date: 3/15/2016
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: Modification of spousal support is not warranted when the change in a party's financial circumstances is self-induced.
An inability to comply with a court order is a defense to contempt, but the alleged contemnor has the burden to establish the defense and show an inability to comply.

State v. Putney 2016 ND 59
Docket No.: 20150237
Filing Date: 3/15/2016
Case Type: Appeal - Criminal - Assault
Author: VandeWalle, Gerald

Highlight: A conviction rests upon insufficient evidence only when, after reviewing the evidence in the light most favorable to the prosecution, no rational fact finder could find the defendant guilty beyond a reasonable doubt.
A district court must deny a motion for judgment of acquittal if there is substantial evidence upon which a reasonable mind could find guilt beyond a reasonable doubt.
Courts are free to judicially notice municipal ordinances, and whether to take judicial notice of a municipal ordinance is within the district court's discretion.

City of Grand Forks v. Gale 2016 ND 58
Docket No.: 20150204
Filing Date: 3/15/2016
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Kapsner, Carol

Highlight: Delay attributable to an accused's purposeful evasion of prosecution may not result in a speedy trial violation, but the accused have no duty to bring themselves to trial.
The government risks dismissal on speedy trial grounds when it is not diligent in its prosecution.
For speedy trial analysis, whether prejudice caused by pretrial delay must be actual or may be presumed is dependent upon the government's diligence in prosecution.

Martire' v. Martire' (cross ref 20110253, 20110197) 2016 ND 57
Docket No.: 20150139
Filing Date: 3/15/2016
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: Even when it is undisputed an obligor's net monthly income exceeds the income maximum under the Child Support Guidelines, the district court must determine the obligor's net income before it determines the appropriate upward deviation from the presumptive guideline amount.
Mechanical use of multipliers in determining an upward deviation from the Child Support Guidelines is discouraged; there must be a balancing of the appropriate needs of the child against an amount of child support that would maintain the heightened level of support owed to a child given the high income of the obligor parent.
Imputing income is appropriate when an individual is underemployed.

Woody v. Pembina County Annual Fair and Exhibition Association 2016 ND 56
Docket No.: 20150236
Filing Date: 3/15/2016
Case Type: Appeal - Civil - Personal Injury
Author: Crothers, Daniel John

Highlight: Owner of land inviting the public to use its property for recreational purposes without charge is protected from liability under N.D.C.C. ch. 53-08.
Recreational use immunity applies when a person is injured after entering a public fairground to watch a free fireworks display.

State v. Quantz 2016 ND 55
Docket No.: 20150208
Filing Date: 3/15/2016
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam

Highlight: Convictions for disorderly conduct and indecent exposure are summarily affirmed under N.D.R.App.P. 35.1 (a)(3).

Eagleman v. State 2016 ND 54
Docket No.: 20150145
Filing Date: 3/15/2016
Case Type: Appeal - Civil - Post-Conviction Relief
Author: VandeWalle, Gerald

Highlight: Applicants for post-conviction relief are not entitled to relief when their claims have been rejected in prior proceedings.
The statute of limitations for post-conviction relief regarding a revocation of probation runs from the date the applicant foregoes or exhausts the appeals process relating to the revocation of probation, not the date of the original judgment of conviction.
A district court abuses its discretion when it fails to address nonfrivolous issues presented to the court.

State v. Mann 2016 ND 53
Docket No.: 20150069
Filing Date: 3/15/2016
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: VandeWalle, Gerald W.

Highlight: North Dakota's criminal refusal statute is constitutional under the Fourth Amendment and North Dakota Constitution article I, section 8.
The authority to take judicial notice of prior offenses under N.D.C.C. 39-08-01(3) is limited to correcting errors or omissions in charging documents.

Matuska v. State 2016 ND 52
Docket No.: 20150235
Filing Date: 3/15/2016
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Order denying post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

State v. Odermann 2016 ND 51
Docket No.: 20150216
Filing Date: 3/15/2016
Case Type: Appeal - Criminal - Theft
Author: Per Curiam

Highlight: A criminal judgment for burglary and theft of property is summarily affirmed under N.D.R.App.P. 35.1(a)(3).