Opinions

Anderson v. Spitzer, et al. 2022 ND 110
Docket No.: 20210290
Filing Date: 5/26/2022
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: A district court may modify residential responsibility if it finds a material change in circumstances and modification is necessary to serve the best interests of the child.

To warrant modification, the material change in circumstances must adversely affect the child or result in a general decline in the child’s condition.

Anderson v. Spitzer, et al. 2022 ND 110
Docket No.: 20210290
Filing Date: 5/26/2022
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

In the Matter of the Adoption of K.M.T. (CONFIDENTIAL) 2022 ND 109
Docket No.: 20210310
Filing Date: 5/26/2022
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Crothers, Daniel John

Highlight: Parental rights may be terminated upon a finding of abandonment.

A party seeking termination of parental rights must prove all elements by clear and convincing evidence.

Section 14-16-06(1), N.D.C.C., permits termination of parental rights in an adoption proceeding.

In the Matter of the Adoption of K.M.T. (CONFIDENTIAL) 2022 ND 109
Docket No.: 20210310
Filing Date: 5/26/2022
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Crothers, Daniel John

Matter of Didier 2022 ND 108
Docket No.: 20210325
Filing Date: 5/26/2022
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

Highlight: A district court’s order denying an application for discharge from civil commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Matter of Didier 2022 ND 108
Docket No.: 20210325
Filing Date: 5/26/2022
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

State v. Landrus 2022 ND 107
Docket No.: 20210304
Filing Date: 5/26/2022
Case Type: Appeal - Criminal - Assault
Author: Crothers, Daniel John

Highlight: This Court may consider an obvious error that affects substantial rights.

Jury instructions must correctly and adequately inform the jury of the applicable law.

Instructing the jury on the wrong subdivision of law is a plain error.

Sustaining a conviction based on jury instructions that do not require findings on every essential element of the charged crime violates due process.

State v. Landrus 2022 ND 107
Docket No.: 20210304
Filing Date: 5/26/2022
Case Type: Appeal - Criminal - Assault
Author: Crothers, Daniel John

State v. Yellow Hammer 2022 ND 106
Docket No.: 20210209
Filing Date: 5/26/2022
Case Type: Appeal - Criminal - Homicide
Author: Tufte, Jerod E.

Highlight: Future medical expenses may be awarded as restitution to a crime victim if the amount can be ascertained from the evidence presented at a restitution hearing.

State v. Yellow Hammer 2022 ND 106
Docket No.: 20210209
Filing Date: 5/26/2022
Case Type: Appeal - Criminal - Homicide
Author: Tufte, Jerod E.

Rath v. Rath, et al. 2022 ND 105
Docket No.: 20210120
Filing Date: 5/26/2022
Case Type: Appeal - Civil - Child Support
Author: Jensen, Jon J.

Highlight: A district court has broad discretion on evidentiary matters and over the conduct of a hearing. A ruling on a motion in limine is reviewed under the abuse of discretion standard.

The right to closing arguments can be waived by the parties and narrowed by the courts, but it cannot be unilaterally denied.

To modify parenting time, a movant must establish a material change of circumstances has occurred since the prior parenting time order and that it is in the child’s best interests to modify the order.

A demand for change of judge, once granted, carries forward in any particular case, even when a new proceeding is filed in a divorce case triggering a new judge assignment.

The Supreme Court may, on its own motion or the motion of any party to an appeal, enter a pre-filing order prohibiting a vexatious litigant from filing any new litigation in the courts of this state as a self-represented party without first obtaining leave of a judge of the court where the litigation is proposed to be filed.

Rath v. Rath, et al. 2022 ND 105
Docket No.: 20210120
Filing Date: 5/26/2022
Case Type: Appeal - Civil - Child Support
Author: Jensen, Jon J.

Toman Engineering Co. v. Koch Construction, et al. 2022 ND 104
Docket No.: 20210186
Filing Date: 5/26/2022
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Highlight: The district court may exercise its inherent power to sanction when a party violates the duty to preserve evidence and destroys evidence relevant to the lawsuit.

The duty to preserve evidence may be discharged and the evidence may be destroyed if the custodial party has a legitimate need to destroy the evidence and has provided sufficient notice to the other parties allowing for a full and fair opportunity to inspect the evidence.

Toman Engineering Co. v. Koch Construction, et al. 2022 ND 104
Docket No.: 20210186
Filing Date: 5/26/2022
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Matter of Shane Lance Yates 2022 ND 103
Docket No.: 20220054
Filing Date: 5/12/2022
Case Type: Appeal - Civil - Other
Author: Per Curiam

Highlight: District court orders denying petitions for name changes and requests for evidentiary hearings are summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Matter of Shane Lance Yates 2022 ND 103
Docket No.: 20220054
Filing Date: 5/12/2022
Case Type: Appeal - Civil - Other
Author: Per Curiam

Matter of Amy Jo Yates 2022 ND 103
Docket No.: 20220056
Filing Date: 5/12/2022
Case Type: Appeal - Civil - Other
Author: Per Curiam

Highlight: District court orders denying petitions for name changes and requests for evidentiary hearings are summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Matter of Amy Jo Yates 2022 ND 103
Docket No.: 20220056
Filing Date: 5/12/2022
Case Type: Appeal - Civil - Other
Author: Per Curiam

State v. Rodriguez 2022 ND 102
Docket No.: 20210359
Filing Date: 5/12/2022
Case Type: Appeal - Criminal - Misc. Felony
Author: Crothers, Daniel John

Highlight: A district court’s dismissal of a criminal information is reviewed for an abuse of discretion.

A criminal information must identify the defendant, and must be a plain, concise, and definite written statement of the essential facts constituting the elements of the offense charged.

State v. Rodriguez 2022 ND 102
Docket No.: 20210359
Filing Date: 5/12/2022
Case Type: Appeal - Criminal - Misc. Felony
Author: Crothers, Daniel John

State v. Benter 2022 ND 101
Docket No.: 20210199
Filing Date: 5/12/2022
Case Type: Appeal - Criminal - Sexual Offense
Author: VandeWalle, Gerald

Highlight: To represent oneself, a criminal defendant must voluntarily, knowingly, and intelligently waive the right to counsel.

A defendant’s conduct may be the functional equivalent of a voluntary waiver of the right to counsel.

A district court has a continuing responsibility during trial to decide whether a self-represented defendant is competent to present his or her own defense. To ensure the defendant is afforded a fair trial, a district court can appoint counsel for the defendant during trial if the court determines the defendant is no longer competent to present his or her own defense.

State v. Benter 2022 ND 101
Docket No.: 20210199
Filing Date: 5/12/2022
Case Type: Appeal - Criminal - Sexual Offense
Author: VandeWalle, Gerald

State v. Koval 2022 ND 100
Docket No.: 20210356
Filing Date: 5/12/2022
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Jensen, Jon J.

Highlight: When a party challenges an underlying order prohibiting contact in a proceeding for violating that order, the challenge constitutes an impermissible collateral attack on the underlying order.

State v. Koval 2022 ND 100
Docket No.: 20210356
Filing Date: 5/12/2022
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Jensen, Jon J.

Updike v. Updike, et al. 2022 ND 99
Docket No.: 20210265
Filing Date: 5/12/2022
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: An underemployed child support obligor did not provide evidence to establish the N.D. Admin. Code § 75-02-04.1-07(5) exception for imputation of income based on the unavailability of employment applied.

Updike v. Updike, et al. 2022 ND 99
Docket No.: 20210265
Filing Date: 5/12/2022
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

WSI v. Boechler, PC, et al. 2022 ND 98
Docket No.: 20210225
Filing Date: 5/12/2022
Case Type: Appeal - Administrative - Workers Compensation
Author: Tufte, Jerod E.

Highlight: A dismissal without prejudice is ordinarily not appealable because either side may commence another action.

When deciding a due process claim, we consider whether a constitutionally protected property or liberty interest is at stake and, if so, whether minimum procedural due process requirements were met.

WSI is required to notify an employer of the premiums and penalties that employer owes to WSI, and if the employer fails to pay that amount within thirty days, WSI may collect the premiums and penalties by civil action.

Under the North Dakota and U.S. Constitutions, excessive fines shall not be imposed. The federal excessive fines clause is violated if the fine is grossly disproportional to the gravity of a defendant’s offense.

WSI v. Boechler, PC, et al. 2022 ND 98
Docket No.: 20210225
Filing Date: 5/12/2022
Case Type: Appeal - Administrative - Workers Compensation
Author: Tufte, Jerod E.

Wheeler v. State (consolidated w/20220025 & 20220026) 2022 ND 97
Docket No.: 20220024
Filing Date: 5/12/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court’s N.D. Sup. Ct. Admin. R. 58 vexatious litigant pre-filing order is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).

Wheeler v. State (consolidated w/20220025 & 20220026) 2022 ND 97
Docket No.: 20220024
Filing Date: 5/12/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

State v. Houle 2022 ND 96
Docket No.: 20210331
Filing Date: 5/12/2022
Case Type: Appeal - Criminal - Assault
Author: McEvers, Lisa K. Fair

Highlight: A party may not challenge as error a ruling or other trial proceeding invited by that party.

The “invited error doctrine” applies unless a constitutional error is structural, and defendant conceded any alleged error was not constitutional.

State v. Houle 2022 ND 96
Docket No.: 20210331
Filing Date: 5/12/2022
Case Type: Appeal - Criminal - Assault
Author: McEvers, Lisa K. Fair

State v. Oshiro (consolidated w/20210255 & 20210256) 2022 ND 95
Docket No.: 20210254
Filing Date: 5/12/2022
Case Type: Appeal - Criminal - Sexual Offense
Author: Tufte, Jerod E.

Highlight: A defendant’s release from prison renders his sentencing appeal moot if he is not subject to supervised release or probation after completing his prison term.

State v. Oshiro (consolidated w/20210255 & 20210256) 2022 ND 95
Docket No.: 20210254
Filing Date: 5/12/2022
Case Type: Appeal - Criminal - Sexual Offense
Author: Tufte, Jerod E.

City of West Fargo v. McAllister 2022 ND 94
Docket No.: 20210360
Filing Date: 5/12/2022
Case Type: Appeal - Civil - Other
Author: Jensen, Jon J.

Highlight: The primary purpose of statutory interpretation is to determine legislative intent.

Words in a statute are given their plain, ordinary, and commonly understood meaning, unless defined by statute or unless a contrary intention plainly appears.

The district court has discretion over evidentiary matters, including a decision to exclude the testimony of a witness.

City of West Fargo v. McAllister 2022 ND 94
Docket No.: 20210360
Filing Date: 5/12/2022
Case Type: Appeal - Civil - Other
Author: Jensen, Jon J.

State v. Ruiz Ledezma 2022 ND 93
Docket No.: 20210277
Filing Date: 5/12/2022
Case Type: Appeal - Criminal - Homicide
Author: Per Curiam

Highlight: A criminal judgment entered after a defendant pled guilty to criminal vehicular homicide is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).

State v. Ruiz Ledezma 2022 ND 93
Docket No.: 20210277
Filing Date: 5/12/2022
Case Type: Appeal - Criminal - Homicide
Author: Per Curiam

Matter of Rose Henderson Peterson Mineral Trust 2022 ND 92
Docket No.: 20210258
Filing Date: 9/15/2022
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Per Curiam

Highlight: Satisfaction of an independent undisputed portion of a judgment does not operate as a full waiver of the right to appeal.

Res judicata and the law of the case doctrine do not bar litigation of the same type of claim based on different facts.

Under N.D.C.C. § 58-18-08, a trustee may not be exculpated for breaches of trust committed in bad faith or with reckless indifference to the purposes of the trust.

Absent the requisite findings and analysis, review of a district court decision is not possible and remand is appropriate.

Matter of Rose Henderson Peterson Mineral Trust 2022 ND 92
Docket No.: 20210258
Filing Date: 5/12/2022
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Per Curiam

Eikom v. Eikom 2022 ND 91
Docket No.: 20210319
Filing Date: 5/12/2022
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: A district court’s decision to award parenting time to a noncustodial parent is based on the child’s best interests and not the wishes of the parents.

This Court may rely on implied findings of fact when the record enables it to understand factual determinations made by the district court.

Eikom v. Eikom 2022 ND 91
Docket No.: 20210319
Filing Date: 5/12/2022
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Dixon v. Dixon 2022 ND 90
Docket No.: 20210294
Filing Date: 4/28/2022
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Per Curiam

Highlight: District court order discharging trustee, closing the trust, and concluding supervised administration is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Dixon v. Dixon 2022 ND 90
Docket No.: 20210294
Filing Date: 4/28/2022
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Per Curiam

Matter of Emelia Hirsch Trust 2022 ND 89
Docket No.: 20210324
Filing Date: 4/28/2022
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: McEvers, Lisa K. Fair

Highlight: A district court pre-filing order against vexatious litigant under N.D. Sup. Ct. Admin. R. 58 is reviewed for an abuse of discretion.

A pre-filing order under N.D. Sup. Ct. R. 58 must be issued by the presiding judge of a judicial district, and the district court abuses its discretion if a pre-filing order is issued by any other judge.

Orders denying leave to file new motions or documents are not appealable.

If a court does not rule on a motion, it may be deemed denied.

An award of attorney’s fees and double costs on appeal is granted for frivolous arguments.

Matter of Emelia Hirsch Trust 2022 ND 89
Docket No.: 20210324
Filing Date: 4/28/2022
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: McEvers, Lisa K. Fair

Eckroth v. Eckroth, et al. 2022 ND 88
Docket No.: 20220007
Filing Date: 4/28/2022
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: An order denying a motion to modify primary residential responsibility and an order denying a motion for reconsideration are summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).

Eckroth v. Eckroth, et al. 2022 ND 88
Docket No.: 20220007
Filing Date: 4/28/2022
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Trenton Indian Housing Authority v. Poitra, et al. 2022 ND 87
Docket No.: 20210302
Filing Date: 4/28/2022
Case Type: Appeal - Civil - Landlord/Tenant
Author: Jensen, Jon J.

Highlight: This Court adopts the two-part review articulated by the United States Supreme Court in Alaska v. Native Village of Venetie Tribal Government, 522 U.S. 520 (1998) to determine whether land is a dependent Indian community and therefore Indian country.

The party challenging the state district court’s jurisdiction has the burden to prove the district court lacks jurisdiction.

A contractual provision, in itself, cannot establish subject matter jurisdiction with the tribal court.

Trenton Indian Housing Authority v. Poitra, et al. 2022 ND 87
Docket No.: 20210302
Filing Date: 4/28/2022
Case Type: Appeal - Civil - Landlord/Tenant
Author: Jensen, Jon J.

Sauvageau, et al. v. Bailey, et al. 2022 ND 86
Docket No.: 20220080
Filing Date: 4/28/2022
Case Type: Original Proceeding - Civil - Writ of Supervision
Author: Crothers, Daniel John

Highlight: This Court exercises its supervisory authority rarely and cautiously, and only to rectify errors and prevent injustice in extraordinary cases when no adequate alternative remedy exists.

Quick take eminent domain offers a property owner less protection because the condemnor can take possession of the property before trial on the amount of just compensation due.

A water resource district may acquire an easement for a right of way for flood control projects by quick take eminent domain.

Sauvageau, et al. v. Bailey, et al. 2022 ND 86
Docket No.: 20220080
Filing Date: 4/28/2022
Case Type: Original Proceeding - Civil - Writ of Supervision
Author: Crothers, Daniel John

Energy Transfer, et al. v. ND Private Investigative and Security Bd., et al. 2022 ND 85
Docket No.: 20210244
Filing Date: 4/28/2022
Case Type: Appeal - Civil - Administrative Proceeding
Author: Tufte, Jerod E.

Highlight: A person has standing to appeal from an order denying intervention.

The mere fact that the parties have reached a settlement agreement is not itself sufficient to deny a motion to intervene relating to issues collateral to the settlement agreement.

An administrative agency has statutory authority to issue a protection order if the agency acts as an administrative hearing officer.

A document subject to open records laws may be withheld from disclosure if the document or parts of the document fall within a statutory exemption.

Energy Transfer, et al. v. ND Private Investigative and Security Bd., et al. 2022 ND 85
Docket No.: 20210244
Filing Date: 4/28/2022
Case Type: Appeal - Civil - Administrative Proceeding
Author: Tufte, Jerod E.

Energy Transfer, et al. v. ND Private Investigative and Security Bd., et al. 2022 ND 84
Docket No.: 20220036
Filing Date: 4/28/2022
Case Type: Appeal - Civil - Other
Author: McEvers, Lisa K. Fair

Highlight: An interlocutory order is only appealable when there is a statutory basis for the appeal and the district court has complied with the requirements of N.D.R.Civ.P. 54(b).

The definition of “record” provided by N.D.C.C. § 44-04-17.1(16) does not require a public entity use information in a specific way for it to constitute a record.

Chapters 44-04 and 54-46, N.D.C.C., apply to information received by a public entity in connection with “official” or “public” business.

A party requesting additional discovery under N.D.R.Civ.P. 56(f) must “identify with specificity” the additional information it seeks and explain why that information would preclude summary judgment.

When a party has failed to perfect a cross appeal it may not seek a more favorable result on appeal than it received in the district court.

Energy Transfer, et al. v. ND Private Investigative and Security Bd., et al. 2022 ND 84
Docket No.: 20220036
Filing Date: 4/28/2022
Case Type: Appeal - Civil - Other
Author: McEvers, Lisa K. Fair

Hudye Group v. Ward Cty. Bd. of Commissioners 2022 ND 83
Docket No.: 20210279
Filing Date: 4/28/2022
Case Type: Appeal - Civil - Administrative Proceeding
Author: VandeWalle, Gerald

Highlight: A local governing body’s decision on tax rebate and abatement applications is reviewed under the arbitrary, capricious, or unreasonable standard.

Applications for abatement or refund of property taxes must be filed in the office of the county auditor on or before November first of the year following the year in which the tax becomes delinquent.

Taxpayer’s applications for abatement or refund of property taxes which were not filed before November first of the year following the year in which the taxes became delinquent were untimely.

Hudye Group v. Ward Cty. Bd. of Commissioners 2022 ND 83
Docket No.: 20210279
Filing Date: 4/28/2022
Case Type: Appeal - Civil - Administrative Proceeding
Author: VandeWalle, Gerald

Bridges v. State (consolidated w/20210352) 2022 ND 82
Docket No.: 20210351
Filing Date: 4/14/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Orders summarily dismissing applications for postconviction relief are summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7).

Bridges v. State (consolidated w/20210352) 2022 ND 82
Docket No.: 20210351
Filing Date: 4/14/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Etemad v. State 2022 ND 81
Docket No.: 20210343
Filing Date: 4/14/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court order denying an amended application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Etemad v. State 2022 ND 81
Docket No.: 20210343
Filing Date: 4/14/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Moncada v. State 2022 ND 80
Docket No.: 20210338
Filing Date: 4/14/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court order summarily dismissing an application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Moncada v. State 2022 ND 80
Docket No.: 20210338
Filing Date: 4/14/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Solberg v. Hennessy 2022 ND 79
Docket No.: 20210354
Filing Date: 4/14/2022
Case Type: Appeal - Civil - Malpractice
Author: Per Curiam

Highlight: Amended judgment entered after a bench trial summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (2).

Solberg v. Hennessy 2022 ND 79
Docket No.: 20210354
Filing Date: 4/14/2022
Case Type: Appeal - Civil - Malpractice
Author: Per Curiam

State v. Hultberg 2022 ND 78
Docket No.: 20210301
Filing Date: 4/14/2022
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam

Highlight: A criminal judgment entered after a jury found the defendant guilty of indecent exposure is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

State v. Hultberg 2022 ND 78
Docket No.: 20210301
Filing Date: 4/14/2022
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam

Hoff v. State 2022 ND 77
Docket No.: 20210291
Filing Date: 4/14/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court order denying post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Hoff v. State 2022 ND 77
Docket No.: 20210291
Filing Date: 4/14/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Ali v. State 2022 ND 76
Docket No.: 20210335
Filing Date: 4/14/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Crothers, Daniel John

Highlight: If the State moves for summary dismissal of an application for postconviction relief, the applicant must present competent admissible evidence which raises a genuine issue of material fact.

Ali v. State 2022 ND 76
Docket No.: 20210335
Filing Date: 4/14/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Crothers, Daniel John

Schultz v. DeClusin 2022 ND 75
Docket No.: 20210315
Filing Date: 4/14/2022
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: An amended judgment and money judgment awarding a parent primary residential responsibility and attorney’s fees is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Schultz v. DeClusin 2022 ND 75
Docket No.: 20210315
Filing Date: 4/14/2022
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

State v. Heywood 2022 ND 74
Docket No.: 20210259
Filing Date: 4/14/2022
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: A criminal judgment entered after a jury found the defendant guilty of gross sexual imposition is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4).

State v. Heywood 2022 ND 74
Docket No.: 20210259
Filing Date: 4/14/2022
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Schauer v. Peterson 2022 ND 73
Docket No.: 20210250
Filing Date: 4/14/2022
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

City of Bismarck v. Goodwin 2022 ND 72
Docket No.: 20210210
Filing Date: 4/14/2022
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Crothers, Daniel John

Highlight: When a defendant enters a conditional guilty plea, this Court reviews an adverse determination of a specified pretrial motion.

Reviewing a district court’s decision to reject jury instructions would be an advisory opinion.

City of Bismarck v. Goodwin 2022 ND 72
Docket No.: 20210210
Filing Date: 4/14/2022
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Crothers, Daniel John

Gaede v. State 2022 ND 71
Docket No.: 20210336
Filing Date: 4/14/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court order denying a petition for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Gaede v. State 2022 ND 71
Docket No.: 20210336
Filing Date: 4/14/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Holmes v. State 2022 ND 70
Docket No.: 20210284
Filing Date: 4/14/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7).

Holmes v. State 2022 ND 70
Docket No.: 20210284
Filing Date: 4/14/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Interest of M.R. (CONFIDENTIAL) 2022 ND 68
Docket No.: 20210204
Filing Date: 3/31/2022
Case Type: Appeal - Civil - Juvenile Law
Author: Tufte, Jerod E.

Highlight: The Court does not render advisory opinions, and an appeal will be dismissed if the issues become moot or academic, leaving no actual controversy to be determined.

An appeal is not moot if the district court’s decision continues to have collateral consequences for the appealing party. Collateral consequences cannot be too remote or speculative and cannot be duplicative of preexisting consequences.

Interest of M.R. (CONFIDENTIAL) 2022 ND 68
Docket No.: 20210204
Filing Date: 3/31/2022
Case Type: Appeal - Civil - Juvenile Law
Author: Tufte, Jerod E.

Burris v. Burris 2022 ND 67
Docket No.: 20210178
Filing Date: 3/31/2022
Case Type: Appeal - Civil - Divorce - Property
Author: Jensen, Jon J.

Highlight: An order denying the elimination or modification of a spousal support obligation affects a substantial right and can be appealed to this Court.

A voluntary payment of an award of attorney’s fees renders the issue moot and waives the party’s right to appeal that issue.

Whether there has been a material change in circumstances warranting modification or elimination of the spousal support obligation is subject to the clearly erroneous standard of review.

Section 14-05.24.1, N.D.C.C., dealing with spousal support awards, does not provide for retroactive effect. Where there was no change to a 2006 judgment, the statute cannot be applied retroactively.

Burris v. Burris 2022 ND 67
Docket No.: 20210178
Filing Date: 3/31/2022
Case Type: Appeal - Civil - Divorce - Property
Author: Jensen, Jon J.

Beck v. NDDOT 2022 ND 66
Docket No.: 20210312
Filing Date: 3/31/2022
Case Type: Appeal - Administrative - Department of Transportation
Author: Jensen, Jon J.

Highlight: Section 39-08-01(1)(a), N.D.C.C., provides that a person may not drive or be in actual physical control of any vehicle upon a highway or upon public or private areas to which the public has a right of access for vehicular use in this state if that person has an alcohol concentration of at least eight one-hundredths of one percent by weight at the time of the performance of a chemical test within two hours after the driving or being in actual physical control of a vehicle.

At an administrative hearing, a report and notice form is prima facie evidence of its contents, including the time of driving. The time of driving may be placed into question at the administrative hearing, such as by cross-examining the testifying officer at the hearing.

While reasonable inferences can be drawn from the evidence at an administrative hearing, a reasoning mind must be able to reasonably find the Department met its burden of proving the chemical test was administered within two hours of the time of the driving.

Beck v. NDDOT 2022 ND 66
Docket No.: 20210312
Filing Date: 3/31/2022
Case Type: Appeal - Administrative - Department of Transportation
Author: Jensen, Jon J.

St. Alexius Medical Center v. Nesvig, et al. 2022 ND 65
Docket No.: 20220005
Filing Date: 3/17/2022
Case Type: Original Proceeding - Civil - Writ of Supervision
Author: Crothers, Daniel John

Highlight: This Court’s power to issue supervisory writs is discretionary and is used only to rectify errors and prevent injustice where no adequate alternative remedy exists.

Peer review records are privileged and not subject to discovery in any civil action.

When a party withholds discoverable information because it is privileged, the party must expressly make a claim of privilege and describe the nature of the documents in a manner that, without revealing the information, enables other parties to assess the claim.

We look first at the words of the peer review statute, then determine how they apply to the procedure established by N.D.R.Civ.P. 26.

District Courts have discretion to conduct an in camera review of documents if a party challenges a claim of privilege identified in an adequate privilege log.

St. Alexius Medical Center v. Nesvig, et al. 2022 ND 65
Docket No.: 20220005
Filing Date: 3/17/2022
Case Type: Original Proceeding - Civil - Writ of Supervision
Author: Crothers, Daniel John

Schrodt v. Schrodt, et al. 2022 ND 64
Docket No.: 20210211
Filing Date: 3/17/2022
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: The district court did not abuse its discretion when it denied the request for a continuance.

The district court’s property valuations were not clearly erroneous.

An award of parenting time with appropriate restrictions is not clearly erroneous when based on evidence in the record.

When a child support obligor is underemployed, the district court is permitted under the child support guidelines to impute income to the obligor.

The district court has inherent authority to award attorney’s fees as a sanction for a litigant’s misconduct.

Schrodt v. Schrodt, et al. 2022 ND 64
Docket No.: 20210211
Filing Date: 3/17/2022
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Twin City Technical, et al. v. Williams Cty, et al. 2022 ND 63
Docket No.: 20210157
Filing Date: 3/17/2022
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Highlight: The law of the case doctrine applies when an appellate court has decided a legal question and remanded to the district court for further proceedings, and a party cannot on a second appeal relitigate issues which were resolved by the Court in the first appeal or which would have been resolved had they been properly presented in the first appeal. The mandate rule requires the district court to follow the appellate court’s pronouncements on legal issues in subsequent proceedings in the case and to carry the appellate court’s mandate into effect according to its terms.

Laches is a delay or lapse of time in commencing an action that works a disadvantage or prejudice to the adverse party because of a change in conditions during the delay.

A court has broad discretion under N.D.C.C. § 32-03-05 in determining whether to award prejudgment interest.

In an equitable proceeding there is no absolute right to a trial by jury.

Under N.D.R.Civ.P. 37(a)(1), a party moving for an order compelling discovery must certify that it has in good faith conferred or attempted to confer with the person or party failing to make discovery in an effort to obtain it without court action. The Court reviews an order compelling discovery under the abuse of discretion standard.

A district court is considered an expert in determining the amount of attorney’s fees, and its decision concerning the amount and reasonableness of the attorney’s fees will not be overturned on appeal absent a clear abuse of discretion. Electronic legal research fees are a component of attorney’s fees and cannot be separately taxed as expenses.

Twin City Technical, et al. v. Williams Cty, et al. 2022 ND 63
Docket No.: 20210157
Filing Date: 3/17/2022
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Adoption of A.A.H. (CONFIDENTIAL) 2022 ND 62
Docket No.: 20220045
Filing Date: 3/17/2022
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: An adoption decree terminating a father’s parental rights and granting a petition for adoption is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Adoption of A.A.H. (CONFIDENTIAL) 2022 ND 62
Docket No.: 20220045
Filing Date: 3/17/2022
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Canerdy v. Canerdy, et al. 2022 ND 61
Docket No.: 20210262
Filing Date: 3/17/2022
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: A district court’s contempt decision will only be disturbed on appeal if the court abused its discretion.

Technical violations of a court order do not necessarily require a finding of contempt.

A party seeking to modify primary residential responsibility who provides competent evidence demonstrating a prima facie case for modification is entitled to an evidentiary hearing.

Canerdy v. Canerdy, et al. 2022 ND 61
Docket No.: 20210262
Filing Date: 3/17/2022
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Fourth v. State 2022 ND 60
Docket No.: 20210285
Filing Date: 3/17/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court order denying post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).