Opinions

Interest of L.L.D.R. (CONFIDENTIAL) 2021 ND 201
Docket No.: 20210130
Filing Date: 11/17/2021
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

State v. Nupdal 2021 ND 200
Docket No.: 20210015
Filing Date: 11/17/2021
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Tufte, Jerod E.

Highlight: A scale only alleged to have been used to weigh and package methamphetamine into smaller quantities did not satisfy the statutory element requiring use or intent to use the scale to produce or prepare methamphetamine.

Estate of Behle 2021 ND 199
Docket No.: 20210059
Filing Date: 11/17/2021
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Crothers, Daniel John

Highlight: A defect in the application for probate of a will does not render the probate void.

Summary judgment is appropriate in an undue influence claim if the non-moving party’s opposition is not supported with admissible evidence showing a genuine issue for trial.

The plain language of N.D.C.C. § 28-26-01(2) requires courts in civil actions to award costs and fees upon a finding a claim for relief was frivolous, providing the prevailing party pled the alleged frivolousness of the claim.

Section 28-26-31, N.D.C.C., authorizes attorney’s fees if allegations and denials in any pleading are not made without good faith and reasonable cause.

State v. Brewer 2021 ND 198
Docket No.: 20210105
Filing Date: 11/17/2021
Case Type: Appeal - Criminal - Misc. Felony
Author: McEvers, Lisa K. Fair

Highlight: The defendant has the burden to show he is entitled to additional credit for time served in custody.

When time spent in custody is credited toward an unrelated charge, the defendant is not entitled to have that time spent in custody applied to another sentence.

An appellee who has not cross-appealed may not seek a more favorable result on appeal than received in the trial court.

Interest of S.A. (CONFIDENTIAL) (consolidated w/20210062) 2021 ND 197
Docket No.: 20210061
Filing Date: 10/28/2021
Case Type: Appeal - Civil - Juvenile Law
Author: Per Curiam

Highlight: A juvenile court order finding two children to be deprived is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Guardianship of M.H. 2021 ND 196
Docket No.: 20210069
Filing Date: 10/28/2021
Case Type: Appeal - Civil - Guardian/Conservator
Author: Jensen, Jon J.

Highlight: This Court reviews the district court’s decision to uphold contact restrictions placed by a ward’s guardian under the clearly erroneous standard of review.

A district court’s order of guardianship and findings of fact related to contract restrictions placed by the guardian are affirmed.

Kremer v. State 2021 ND 195
Docket No.: 20210154
Filing Date: 10/28/2021
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Tufte, Jerod E.

Highlight: An application for postconviction relief must be filed within two years of the date the conviction becomes final unless an applicant meets the burden of establishing that any of the three exceptions to the statute of limitations applies.

State v. Atkins, 2019 ND 145, 928 N.W.2d 441, did not announce a new interpretation of state law within the meaning of N.D.C.C. § 29-32.1-01(3)(a).

Kremer v. State 2021 ND 195
Docket No.: 20210154
Filing Date: 10/28/2021
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Tufte, Jerod E.

State v. Suelzle 2021 ND 194
Docket No.: 20210028
Filing Date: 10/28/2021
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Jensen, Jon J.

Highlight: A driver weaving within their lane in traffic can rise to reasonable and articulable suspicion to justify a traffic stop.

A federal officer has jurisdiction to detain a non-Indian on an Indian reservation for a reasonable amount of time while waiting for a state law enforcement officer to arrive.

State v. Jensen 2021 ND 193
Docket No.: 20210098
Filing Date: 10/28/2021
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: A criminal judgment entered following denial of a motion to suppress evidence is summarily affirmed under N.D.R.App.P. 35.1(a)(2).