Opinions

Interest of A.K., et al. (Confidential) 2005 ND App3
Docket No.: 20040313
Filing Date: 5/10/2005
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: The State must prove the elements for termination of parental rights by clear and convincing evidence.
In determining whether the causes and conditions of deprivation will continue or will not be remedied, there must be prognostic evidence forming the basis for reasonable prediction of continued or future deprivation.

Ernst v. Tjon 2005 ND App1
Docket No.: 20040373
Filing Date: 4/29/2005
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Per Curiam

Highlight: A summary judgment dismissing a defamation and libel action is summarily affirmed under N.D.R.App.P. 35.1(a)(6).

State v. Smith 2005 ND App5
Docket No.: 20050004
Filing Date: 5/25/2005
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: The enhanced sentencing language of N.D.C.C. 39-08-01.2(2), requiring at least 90 days incarceration, is invalid and unenforceable when sentencing a defendant found guilty of a class B misdemeanor DUI under N.D.C.C. 39-08-01.

Johnson v. State (Consolidated w/20050029) 2005 ND App8
Docket No.: 20050028
Filing Date: 6/30/2005
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: An application for post-conviction relief may be denied on the grounds of res judicata and misuse of process.
Whether there has been a manifest injustice supporting withdrawal of a guilty plea lies within the trial court's discretion.
To succeed on a claim of ineffective assistance of counsel, a defendant must prove counsel's performance fell below an objective standard of reasonableness and the deficient performance prejudiced him.

Interest of K.N.H., et al. (CONFIDENTIAL) 2005 ND App9
Docket No.: 20050018
Filing Date: 7/6/2005
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author:

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

Gosbee v. Martinson, et al. 2005 ND App10
Docket No.: 20050056
Filing Date: 7/6/2005
Case Type: Appeal - Civil - Other
Author:

Highlight: Rule 54(e)(1), N.D.R.Civ.P., which provides that the trial court shall schedule a hearing when objections to costs and disbursements are filed, is mandatory and affords no discretion to the trial court to dispense with the required hearing unless it is expressly waived by the parties.
When a motion is submitted under N.D.R.Ct. 3.2 and oral argument is properly requested, the trial court has no discretion to refuse to hold a hearing.
When a trial court has erroneously failed to provide a required hearing, the appropriate remedy is a remand for a hearing.

Kerzmann v. Burleigh County Social Services 2005 ND App7
Docket No.: 20050076
Filing Date: 6/30/2005
Case Type: Appeal - Civil - Administrative Proceeding
Author: Per Curiam

Highlight: The district court's dismissal of an attempted appeal because the appeal from an administrative law judge's decision affirming an agency employment termination was not properly perfected under N.D.C.C. 28-32-42 is summarily affirmed.

State v. Nowik 2000 ND App1
Docket No.: 20000149
Filing Date: 12/27/2000
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: The appellant's conviction for driving a vehicle with a suspended license is summarily affirmed by the Court of Appeals.
No person has a constitutional right to operate a motor vehicle on the roads of this state without a valid driver's license.

Lang v. State, et al. 2001 ND App2
Docket No.: 20000223
Filing Date: 1/17/2001
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Per Curiam

Highlight: Res judicata, or claim preclusion, prohibits relitigation of claims or issues that were raised or could have been raised in a prior action between the same parties or their privies, and which were resolved by final judgment in a court of competent jurisdiction.
Collateral estoppel, or issue preclusion, generally prohibits relitigation in a second action based on a different claim, of issues of fact or law which were, or must have been, determined in the prior suit.
Without citations to relevant authority or supportive reasoning, an argument is without merit.

Riemers v. State of North Dakota, et al. 2007 ND App1
Docket No.: 20060310
Filing Date: 4/27/2007
Case Type: Appeal - Civil - Constitutional Law
Author: Per Curiam

Highlight: Summary judgment is appropriate if the information available to the trial court does not establish a genuine issue of material fact, and the moving party is entitled to judgment as a matter of law.
An appeal is frivolous if it is flagrantly groundless, devoid of merit, or demonstrates persistence in the course of litigation which could be seen as evidence of bad faith.