Opinions

Gravity Oilfield Services v. Valence Natural Gas Solutions 2025 ND 35
Docket No.: 20240184
Filing Date: 2/13/2025
Case Type: Appeal - Civil - Contracts
Author: Tufte, Jerod E.

Highlight: A district court order granting summary judgment and judgment, and award of attorney's fees are reversed.

State v. Gum 2025 ND 34
Docket No.: 20240331
Filing Date: 2/13/2025
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: A district court order denying a motion for return of seized property is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Estate of Connolly 2025 ND 33
Docket No.: 20240230
Filing Date: 2/13/2025
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Per Curiam

Highlight: A district court's judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Walden v. Walden 2025 ND 32
Docket No.: 20240131
Filing Date: 2/13/2025
Case Type: Appeal - Civil - Divorce
Author: McEvers, Lisa K. Fair

Highlight: District courts must consider the Ruff-Fischer guidelines, the needs of the spouse seeking support, and the ability of the other spouse to pay when determining whether to award spousal support. A party who fails to provide evidence of net income waives any argument that he or she did not have the ability to pay spousal support.

A district court considers the Ruff-Fischer factors when distributing marital property. The court must consider the length of a marriage in determining an equitable division of the marital estate under the Ruff-Fischer guidelines. In a short-term marriage, the court may return to the parties what they brought into the marriage, but the division of property and debt must be equitable.

The guiding principle for an award of attorney's fees is one party's need and the other party's ability to pay. The district court may also consider whether a party's actions have unreasonably increased the time and efforts spent on the dispute.

Bullinger v. Sundog Interactive, Inc., et al. 2025 ND 31
Docket No.: 20240188
Filing Date: 2/13/2025
Case Type: Appeal - Civil - Other
Author: Jensen, Jon J.

Highlight: A district court erred in its application of N.D.C.C. § 10-19.1-88.

The North Dakota Business Corporations Act, N.D.C.C. ch. 10-19.1, provides significant protections and remedies to minority shareholders. Upon the sale of a corporation, N.D.C.C. § 10-19.1-87 affords dissenting shareholders the option to obtain the fair value of their shares. Section 10-19.1-87, N.D.C.C., outlines the rights of dissenting shareholders and N.D.C.C. § 10-19.1-88 establishes the procedures for payment.

State v. Janachovsky 2025 ND 30
Docket No.: 20240198
Filing Date: 2/13/2025
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Jensen, Jon J.

Highlight: A criminal defendant who advises the district court that he intends to represent himself, and does so at each hearing after acknowledging an understanding of the rights afforded to him, constitutes the functional equivalent of a voluntary waiver of counsel.

A defendant knowingly and intelligently waives his right to counsel when he decides to represent himself after being advised the dangers and disadvantages of self-representation.

State v. Littleghost 2025 ND 29
Docket No.: 20240199
Filing Date: 2/13/2025
Case Type: Appeal - Criminal - Theft
Author: Per Curiam

Highlight: A criminal judgment entered after a jury convicted the defendant of robbery, accomplice to theft, and theft of a credit device is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7).

Interest of B.V 2025 ND 28
Docket No.: 20240315
Filing Date: 2/13/2025
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Jensen, Jon J.

Highlight: The Indian Child Welfare Act ("ICWA") has no exception for incarceration and neither incarceration nor doubtful prospects for rehabilitation will relieve a Human Service Zone of its duty under ICWA to make active efforts. The circumstances surrounding a parent's incarceration may have a direct bearing on what active efforts are possible.

The juvenile court may consider a Human Service Zone's involvement in its entirety in evaluating active efforts rather than focusing on efforts directed at each parent individually.

ICWA does not clarify the scope of the expert testimony required, nor does it require that the expert testimony provide the sole basis for the juvenile court's conclusion.

Interest of B.V. 2025 ND 28
Docket No.: 20240316
Filing Date: 2/13/2025
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Jensen, Jon J.

Highlight: The Indian Child Welfare Act ("ICWA") has no exception for incarceration and neither incarceration nor doubtful prospects for rehabilitation will relieve a Human Service Zone of its duty under ICWA to make active efforts. The circumstances surrounding a parent's incarceration may have a direct bearing on what active efforts are possible.

The juvenile court may consider a Human Service Zone's involvement in its entirety in evaluating active efforts rather than focusing on efforts directed at each parent individually.

ICWA does not clarify the scope of the expert testimony required, nor does it require that the expert testimony provide the sole basis for the juvenile court's conclusion.

Almklov v. State 2025 ND 27
Docket No.: 20240166
Filing Date: 2/13/2025
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Jensen, Jon J.

Highlight: A district court's order summarily dismissing an application for postconviction relief is affirmed.