Opinions

State v. Kukert 2021 ND 192
Docket No.: 20210079
Filing Date: 10/28/2021
Case Type: Appeal - Criminal - Sexual Offense
Author: Crothers, Daniel John

Highlight: Whether a defendant voluntarily, knowingly, and intelligently waived his or her Miranda rights depends on the totality of the circumstances.

Statements to law enforcement may be involuntary even if law enforcement has complied with the Miranda requirements.

When a defendant makes an extrajudicial statement, there must be sufficient independent evidence establishing the trustworthiness of the statement.

Dunford v. Tryhus, et al. 2021 ND 191
Docket No.: 20210146
Filing Date: 10/28/2021
Case Type: Appeal - Civil - Personal Injury
Author: Per Curiam

Highlight: District court orders dismissing child abuse complaint and denying request for a hearing are summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (7), and single costs and attorney’s fees are awarded under N.D.R.App.P. 38.

Dunford v. Tryhus, et al. 2021 ND 191
Docket No.: 20210146
Filing Date: 10/28/2021
Case Type: Appeal - Civil - Personal Injury
Author: Per Curiam

Behle v. Harr 2021 ND 190
Docket No.: 20210051
Filing Date: 10/28/2021
Case Type: Appeal - Civil - Other
Author: McEvers, Lisa K. Fair

Highlight: Litigants may not contradict themselves to manufacture factual disputes for purposes of avoiding summary judgment.

Absent repudiation of a contract and the accompanying anticipatory breach, a breach of contract occurs when there is nonperformance of a contractual duty when it is due.

The term “claim” is defined by N.D.C.C. § 30.1-01-06(7) to exclude disputes regarding title of a decedent to assets alleged to be included in the decedent’s estate. The time limits set out by N.D.C.C. § 30.1-19-03(2) for demands against a decedent’s estate only apply to “claims.” For a demand to be excluded from the time limits because it is a dispute regarding title and not a “claim,” the claimant must make at least a “colorable showing” of title. Casting a claim in terms of title is insufficient to avoid the time limits if the gist of the claim sounds in contract or tort.

An argument is without merit if a party does not provide supportive reasoning or authority.

Interest of A.S.F. (CONFIDENTIAL) 2021 ND 189
Docket No.: 20210222
Filing Date: 10/28/2021
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Tufte, Jerod E.

Highlight: A subsequent, summarized order for publication does not restart the time to appeal a termination of parental rights. An untimely notice of appeal leaves the Supreme Court without jursidiction to consider the appeal.

Interest of A.S.F. (CONFIDENTIAL) 2021 ND 189
Docket No.: 20210222
Filing Date: 10/28/2021
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Tufte, Jerod E.

Matter of Reciprocal Discipline of Ruffenach 2021 ND 188
Docket No.: 20210240
Filing Date: 10/21/2021
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer suspended.

Matter of Reciprocal Discipline of Ruffenach 2021 ND 188
Docket No.: 20210240
Filing Date: 10/21/2021
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

State v. Woodruff 2021 ND 187
Docket No.: 20210026
Filing Date: 10/14/2021
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam

Highlight: Criminal judgment entered after a jury found the defendant guilty of preventing arrest is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Slappy v. Slappy, et al. 2021 ND 186
Docket No.: 20200352
Filing Date: 10/14/2021
Case Type: Appeal - Civil - Child Support
Author: Jensen, Jon J.

Highlight: To modify primary residential responsibility after two years, the moving party must meet the requirements of the statutory framework, including that there has been a material change in circumstances of the child or the parties, and that modification is necessary for the best interests of the child.

“Necessary” for the best interests of the child means there must be a showing that the changed circumstances had an adverse effect on the child or there had been a general decline in the child’s condition.

Because continuity and stability in a child’s life is favored, an improvement to the moving party’s life, without evidence of an adverse effect or general decline in the child, is insufficient to modify primary residential responsibility.