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Cook v. State 2023 ND 13
Docket No.: 20220271
Filing Date: 2/16/2023
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court judgment denying petitioner’s application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).

Cook v. State 2023 ND 13
Docket No.: 20220271
Filing Date: 2/16/2023
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Burleigh Cty. Social Service Bd. v. Rath 2023 ND 12
Docket No.: 20220193
Filing Date: 2/16/2023
Case Type: Appeal - Civil - Child Support
Author: Jensen, Jon J.

Highlight: A district court’s decision to grant an extension or discovery order is discretionary and will not be overturned unless the court abuses its discretion.

When a litigant’s pre-filing applications were denied by a district court pursuant to an improperly entered pre-filing order, the remedy is permission to re-file those motions in unmodified form.

When a petitioner does not provide sufficient information to inform a district court of their current income, a court does not err in denying a request to amend a child support obligation.

Issues that are not adequately briefed and do not provide relevant authority will not be considered by this Court.

Burleigh Cty. Social Service Bd. v. Rath 2023 ND 12
Docket No.: 20220193
Filing Date: 2/16/2023
Case Type: Appeal - Civil - Child Support
Author: Jensen, Jon J.

Vacancy in Judgeship No. 2, SCJD 2023 ND 11
Docket No.: 20230014
Filing Date: 2/9/2023
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judgeship retained at Bismarck.

State v. Moore 2023 ND 10
Docket No.: 20220242
Filing Date: 1/20/2023
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: A criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

State v. Moore 2023 ND 10
Docket No.: 20220242
Filing Date: 1/20/2023
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

State v. Rademacher (consolidated w/20220127 & 20220128) 2023 ND 9
Docket No.: 20220126
Filing Date: 1/20/2023
Case Type: Appeal - Criminal - Homicide
Author: Crothers, Daniel John

Highlight: Under N.D.R.Crim.P. 43(a)(1)(B), a defendant has a right to be present in the courtroom at every critical stage of trial. This right is not absolute. A defendant need not be present for discussions about routine administrative matters, logistical, procedural and housekeeping matters, and rulings on evidence and objections.

To request the amendment of a rule, a petitioner must file properly under N.D.R.Proc.R. § 3.1.

State v. Rademacher (consolidated w/20220127 & 20220128) 2023 ND 9
Docket No.: 20220126
Filing Date: 1/20/2023
Case Type: Appeal - Criminal - Homicide
Author: Crothers, Daniel John

State v. Krall 2023 ND 8
Docket No.: 20220112
Filing Date: 1/20/2023
Case Type: Appeal - Criminal - Homicide
Author: VandeWalle, Gerald

Highlight: The district court’s determination of a witness’s credibility is deferred to and conflicts in testimony are resolved in favor of affirming the court’s decision in an appeal from a decision on a motion to suppress evidence.

The inevitable discovery doctrine applies only when the police have not acted in bad faith to accelerate the discovery of evidence and the prosecution proves the evidence would have been found without the unlawful activity.

State v. Krall 2023 ND 8
Docket No.: 20220112
Filing Date: 1/20/2023
Case Type: Appeal - Criminal - Homicide
Author: VandeWalle, Gerald

Quamme v. Quamme 2023 ND 7
Docket No.: 20220197
Filing Date: 1/5/2023
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: In determining an obligor’s child support obligation, the court errs as a matter of law if it does not comply with the child support guidelines.

In deciding whether to award spousal support, the court must consider the needs of the spouse seeking support and the ability of the other spouse to pay.

Quamme v. Quamme 2023 ND 7
Docket No.: 20220197
Filing Date: 1/5/2023
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

State v. Smith 2023 ND 6
Docket No.: 20220063
Filing Date: 1/5/2023
Case Type: Appeal - Criminal - Misc. Felony
Author: VandeWalle, Gerald

Highlight: A party may not challenge on appeal an alleged error invited by that party.

An obvious error is an error that is plain and affects the defendant’s substantial rights.

Jury instructions must correctly and adequately inform the jury of the law, and a jury instruction that fails to instruct the jury on all of the essential elements of an offense is in error.

State v. Smith 2023 ND 6
Docket No.: 20220063
Filing Date: 1/5/2023
Case Type: Appeal - Criminal - Misc. Felony
Author: VandeWalle, Gerald

Interest of S.M.B. (CONFIDENTIAL) 2023 ND 5
Docket No.: 20220365
Filing Date: 1/5/2023
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

Highlight: An order for continued treatment is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Interest of S.M.B. (CONFIDENTIAL) 2023 ND 5
Docket No.: 20220365
Filing Date: 1/5/2023
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

UMB Bank N.A. v. Eagle Crest Apartments, et al. 2023 ND 4
Docket No.: 20220108
Filing Date: 1/5/2023
Case Type: Appeal - Civil - Foreclosure
Author: McEvers, Lisa K. Fair

Highlight: When a party files a motion for a new trial under N.D.R.Civ.P. 59, review on appeal is limited to the grounds presented in the motion.
Entities sharing common ownership may be responsible for each other’s liability under veil piercing jurisprudence.
Jury findings are not required for entry of a deficiency judgment on commercial property.

UMB Bank N.A. v. Eagle Crest Apartments, et al. 2023 ND 4
Docket No.: 20220108
Filing Date: 1/5/2023
Case Type: Appeal - Civil - Foreclosure
Author: McEvers, Lisa K. Fair

State v. Banerjee 2023 ND 3
Docket No.: 20220266
Filing Date: 1/5/2023
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam

Highlight: Dismissal of motions requesting a new trial are summarily affirmed under N.D.R.App.P. 35.1(a)(8).

State v. Banerjee 2023 ND 3
Docket No.: 20220266
Filing Date: 1/5/2023
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam

Matter of Michael J. Tharaldson Trust 2023 ND 2
Docket No.: 20220182
Filing Date: 1/5/2023
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Tufte, Jerod E.

Highlight: The primary objective in construing a trust instrument is to ascertain the settlor’s intent. When a trust instrument is unambiguous, the settlor’s intent is ascertained from the language of the trust document itself.

Matter of Michael J. Tharaldson Trust 2023 ND 2
Docket No.: 20220182
Filing Date: 1/5/2023
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Tufte, Jerod E.

Norberg v. Norberg, et al. 2023 ND 1
Docket No.: 20220064
Filing Date: 7/21/2022
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: When the district court fails to adequately explain the legal basis for its decision, appellate review of the decision is not possible and remand is appropriate.

Washington v. Job Service, et al. 2022 ND 238
Docket No.: 20220269
Filing Date: 12/22/2022
Case Type: Appeal - Administrative - Unemployment/Job Service
Author: Per Curiam

Highlight: A judgment affirming Job Service’s decision to deny unemployment benefits is summarily affirmed under N.D.R.App.P. 35.1(a)(5).

Washington v. Job Service, et al. 2022 ND 238
Docket No.: 20220269
Filing Date: 12/22/2022
Case Type: Appeal - Administrative - Unemployment/Job Service
Author: Per Curiam

State v. Clauthier (consolidated w/20220224) 2022 ND 237
Docket No.: 20220223
Filing Date: 12/22/2022
Case Type: Appeal - Criminal - Assault
Author: Per Curiam

Highlight: Two district court orders revoking probation and resentencing a defendant are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

State v. Clauthier (consolidated w/20220224) 2022 ND 237
Docket No.: 20220223
Filing Date: 12/22/2022
Case Type: Appeal - Criminal - Assault
Author: Per Curiam

Interest of J.J.G., M.K.G. & O.J.G. (CONFIDENTIAL) 2022 ND 236
Docket No.: 20220159
Filing Date: 12/22/2022
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: VandeWalle, Gerald

Highlight: A party seeking termination of parental rights must prove all of the statutory elements by clear and convincing evidence. If the party seeking termination proves the statutory elements, the district court has discretion to decide whether to terminate parental rights.

Interest of J.J.G., M.K.G. & O.J.G. (CONFIDENTIAL) 2022 ND 236
Docket No.: 20220159
Filing Date: 12/22/2022
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: VandeWalle, Gerald

Interest of N.L. (CONFIDENTIAL) (consolidated w/20220312) 2022 ND 235
Docket No.: 20220311
Filing Date: 12/22/2022
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Crothers, Daniel John

Highlight: Juvenile courts have exclusive jurisdiction to order termination of parental rights under N.D.C.C. § 27-20.2-03(1)(b).

If an agency meets the requirements for termination of parental rights under the federal Indian Child Welfare Act and N.D.C.C § 27-20.3-19, this Court will affirm the termination.

Interest of N.L. (CONFIDENTIAL) (consolidated w/20220312) 2022 ND 235
Docket No.: 20220311
Filing Date: 12/22/2022
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Crothers, Daniel John

State v. Yousif 2022 ND 234
Docket No.: 20220156
Filing Date: 12/22/2022
Case Type: Appeal - Criminal - Assault
Author: McEvers, Lisa K. Fair

Highlight: A district court has broad discretion to exclude extrinsic evidence of prior inconsistent statements at trial, even if a proper foundation has been laid.

State v. Yousif 2022 ND 234
Docket No.: 20220156
Filing Date: 12/22/2022
Case Type: Appeal - Criminal - Assault
Author: McEvers, Lisa K. Fair

Shafer v. Scarborough, et al. 2022 ND 233
Docket No.: 20220124
Filing Date: 12/22/2022
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Highlight: An arbitration award will not be vacated unless it is completely irrational, and an award is completely irrational if the decision is either mistaken on its face or so mistaken as to result in real injustice or constructive fraud.

Shafer v. Scarborough, et al. 2022 ND 233
Docket No.: 20220124
Filing Date: 12/22/2022
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Matter of Wolff 2022 ND 232
Docket No.: 20220160
Filing Date: 12/22/2022
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

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

Matter of Wolff 2022 ND 232
Docket No.: 20220160
Filing Date: 12/22/2022
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

Vassel v. Vassel, et al. 2022 ND 231
Docket No.: 20220143
Filing Date: 12/22/2022
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: The district court has discretion to award back child support considering the time the parties separated.

Vassel v. Vassel, et al. 2022 ND 231
Docket No.: 20220143
Filing Date: 12/22/2022
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Larson Latham Huettl v. Burckhard 2022 ND 230
Docket No.: 20220187
Filing Date: 12/22/2022
Case Type: Appeal - Civil - Contracts
Author: Jensen, Jon J.

Highlight: The district court does not abuse its discretion in denying a request for additional discovery where the party requesting fails to identify what information is sought, why they were unable to obtain the information before the motion for summary judgment, and fails to explain how the information would preclude summary judgment.

The district court does not err in dismissing a party’s affirmative defenses where the party fails to raise a genuine issue of material fact as to any of the affirmative defenses.

Larson Latham Huettl v. Burckhard 2022 ND 230
Docket No.: 20220187
Filing Date: 12/22/2022
Case Type: Appeal - Civil - Contracts
Author: Jensen, Jon J.

Senger v. Senger 2022 ND 229
Docket No.: 20220040
Filing Date: 12/22/2022
Case Type: Appeal - Civil - Divorce - Property
Author: McEvers, Lisa K. Fair

Highlight: Generally, statutes in place at the time of commencement of an action apply. A statute may not be retroactively applied unless the statute explicitly states that it is to be applied retroactively or unless this Court can rationally infer from other sources that the legislature intended retroactive application of the statute.
Applying the incorrect version of a statute will be considered harmless error if it did not affect a party’s substantial rights.
A district court’s consideration of relevant evidence is not an abuse of discretion. A court’s credibility determination regarding testimony given at a bench trial will not be reweighed on appeal.
When the district court fails to adequately explain the basis for its decision, appellate review of the decision is not possible and remand is appropriate.

Senger v. Senger 2022 ND 229
Docket No.: 20220040
Filing Date: 12/22/2022
Case Type: Appeal - Civil - Divorce - Property
Author: McEvers, Lisa K. Fair

Disciplinary Board v. Overboe (Interim Suspension) 2022 ND 228
Docket No.: 20220352
Filing Date: 12/15/2022
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Interim suspension of lawyer ordered.

Disciplinary Board v. Overboe (Interim Suspension) 2022 ND 228
Docket No.: 20220352
Filing Date: 12/15/2022
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Disciplinary Board v. Baird 2022 ND 227
Docket No.: 20220300
Filing Date: 12/8/2022
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer disbarred.

Disciplinary Board v. Baird 2022 ND 227
Docket No.: 20220300
Filing Date: 12/8/2022
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Buchholz v. Mayo 2022 ND 226
Docket No.: 20220178
Filing Date: 12/8/2022
Case Type: Appeal - Civil - Other
Author: Per Curiam

Highlight: Disorderly conduct restraining order summarily affirmed under N.D.R.App.P. 35.1(a)(8).

Buchholz v. Mayo 2022 ND 226
Docket No.: 20220178
Filing Date: 12/8/2022
Case Type: Appeal - Civil - Other
Author: Per Curiam

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