Opinions

Vacancy in Judgeship No. 6, ECJD 2022 ND 42
Docket No.: 20220042
Filing Date: 2/25/2022
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judgeship retained at Fargo.

Vacancy in Judgeship No. 6, ECJD 2022 ND 42
Docket No.: 20220042
Filing Date: 2/25/2022
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Baker v. Autos, Inc., et al. 2022 ND 41
Docket No.: 20210202
Filing Date: 2/18/2022
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: A district court’s decision on a motion for a new trial is reviewed for abuse of discretion.

The law of the case doctrine and the mandate rule restrict proceedings on remand to the district court.

Jury instructions should fairly inform the jury of the law applicable to the case.

Baker v. Autos, Inc., et al. 2022 ND 41
Docket No.: 20210202
Filing Date: 2/18/2022
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

City of Jamestown v. Kastet 2022 ND 40
Docket No.: 20210170
Filing Date: 2/18/2022
Case Type: Appeal - Criminal - Assault
Author: Crothers, Daniel John

Highlight: A defendant is entitled to a jury instruction on a legal defense if there is evidence to support it.

In determining whether the jury should have received an instruction on a particular defense, this Court views the evidence in the light most favorable to the defendant.

If the district court evaluates the evidence supporting a proposed defense and declines to charge on that defense, it dilutes the defendant’s jury trial by removing the issue from the jury’s consideration.

City of Jamestown v. Kastet 2022 ND 40
Docket No.: 20210170
Filing Date: 2/18/2022
Case Type: Appeal - Criminal - Assault
Author: Crothers, Daniel John

Taylor v. Taylor 2022 ND 39
Docket No.: 20210214
Filing Date: 2/18/2022
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: An attempted appeal from an order for judgment will be treated as an appeal from a subsequently entered consistent judgment, if one exists.

A district court is generally not required to do a line-by-line best-interest analysis for each individual child, but factual findings should be stated with sufficient specificity for reviewing court to understand basis for its decision.

Expert testimony is unnecessary for a showing that physical or emotional harm is likely to result from parenting time, and general testimony of a parent may suffice.

Visitation with a noncustodial parent may be temporarily suspended where it is likely to endanger the children’s physical or emotional health.

District court order granting sole decisionmaking authority to custodial parent must be in the children’s best interests.

Visitation provisions controlled by custodial parent should be utilized only in exceptional circumstances and when custodial parent demonstrates willingness to foster parent-child relationship. Custodial parent may be permitted to monitor visitation between children and noncustodial parent.

Taylor v. Taylor 2022 ND 39
Docket No.: 20210214
Filing Date: 2/18/2022
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

State v. Samaniego 2022 ND 38
Docket No.: 20210252
Filing Date: 2/18/2022
Case Type: Appeal - Criminal - Sexual Offense
Author: Jensen, Jon J.

Highlight: The force required for gross sexual imposition is that which compels the victim to submit.

The location of the crime is not a statutory element of a criminal offense. The North Dakota Rules of Criminal Procedure provide for venue in the county where the crime occurred.

A defendant’s objection on one specified ground did not preserve the appeal for another, unspecified ground.

When prosecutorial misconduct is alleged for the first time on appeal, the standard of review is obvious error.

State v. Samaniego 2022 ND 38
Docket No.: 20210252
Filing Date: 2/18/2022
Case Type: Appeal - Criminal - Sexual Offense
Author: Jensen, Jon J.