Opinions

Froehlich v. Froehlich, et al. 2021 ND 133
Docket No.: 20200308
Filing Date: 7/22/2021
Case Type: Appeal - Civil - Child Support
Author: Jensen, Jon J.

Highlight: Under N.D.R.App.P. 4(a)(1), a party has 60 days from service of notice of entry of the judgment to file an appeal.

Only judgments constituting a final judgment of the rights of the parties and certain orders enumerated by statute are appealable.

Yoney v. State 2021 ND 132
Docket No.: 20200359
Filing Date: 7/22/2021
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Tufte, Jerod E.

Highlight: This Court, on its own motion, may notice errors to which no objection has been taken if the errors are obvious or if they otherwise seriously affect the fairness, integrity, or public reputation of judicial proceedings.

Smith v. Isakson, et al. (consolidated with 20210057) 2021 ND 131
Docket No.: 20210004
Filing Date: 7/22/2021
Case Type: Original Proceeding - Criminal - Writ of Supervision
Author: VandeWalle, Gerald

Highlight: Citizens of our state may have greater protections under the North Dakota Constitution than the United States Constitution.

The North Dakota Constitution guarantees the right to a jury trial for an infraction-level violation of a Bismarck ordinance restricting the use of public property.

The Sixth Amendment does not extend the right to a jury trial for a violation of a Bismarck ordinance restricting the use of public property.

Vacancy in Judgeship No. 9, South Central Judicial District 2021 ND 130
Docket No.: 20210177
Filing Date: 7/15/2021
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judgeship retained at Mandan.

Vacancy in Judgeship No. 9, South Central Judicial District 2021 ND 130
Docket No.: 20210177
Filing Date: 7/15/2021
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Matter of O.H.W. (CONFIDENTIAL) 2021 ND 129
Docket No.: 20210006
Filing Date: 7/8/2021
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

Highlight: A district court’s order denying an application for discharge from civil commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Scott v. Scott 2021 ND 128
Docket No.: 20200344
Filing Date: 7/8/2021
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: A party moving to modify joint residential responsibility more than two years after the initial order establishing residential responsibility bears the burden of showing a material change in circumstances has occurred. A court’s decision on whether a material change has occurred is a finding of fact which will not be reversed unless it is clearly erroneous. A court is not required to analyze the best interest factors if a material change is not shown.

City of Lincoln v. McCorkell 2021 ND 127
Docket No.: 20200319
Filing Date: 7/8/2021
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: A criminal judgment for driving under suspension is summarily affirmed under N.D R.App.P. 35.1(a)(7).

Hussiene v. NDDOT 2021 ND 126
Docket No.: 20210045
Filing Date: 7/8/2021
Case Type: Appeal - Administrative - Department of Transportation
Author: VandeWalle, Gerald

Highlight: Evidence supported a hearing officer’s finding that a highway patrol trooper had a reasonable and articulable suspicion to stop a motorist for failure to stop at a red light.

The weight of the evidence showed a motorist refused to submit to a chemical breath test.

State v. Crites 2021 ND 125
Docket No.: 20200356
Filing Date: 7/8/2021
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: A district court’s criminal judgment following a jury verdict is summarily affirmed under N.D.R.App.P 35.1(a)(3) and (4).