Opinions

Burden v. State 2020 ND 238
Docket No.: 20200143
Filing Date: 11/19/2020
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Gates 2020 ND 237
Docket No.: 20200154
Filing Date: 11/19/2020
Case Type: Appeal - Criminal - Other
Author: McEvers, Lisa K. Fair

Highlight: An appeal may be dismissed when an appellant’s brief fails to provide a court with an opportunity to meaningfully review the alleged error.

Estate of Lindvig (consolidated w/20200136) 2020 ND 236
Docket No.: 20200135
Filing Date: 11/19/2020
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Crothers, Daniel John

Highlight: Under N.D.C.C. § 47-10-23.1, a nontestamentary transfer of real property between spouses is conclusively presumed to be for consideration unless otherwise stated in writing.

The interpretation of a power of attorney is governed by its plain language unless the fiduciary relationship requires a special rule.

State, et al. v. P.K. (Confidential) 2020 ND 235
Docket No.: 20200073
Filing Date: 11/19/2020
Case Type: Appeal - Civil - Paternity
Author: Crothers, Daniel John

Highlight: In a child support action brought by the State on behalf of a parent, a counterclaim by the defendant seeking a determination of primary residential responsibility is not a counterclaim against the State for purposes of N.D.R.Civ.P. 13(d).

A continuance is the proper remedy for a party claiming unfair surprise.

A court’s oral findings on the best interest factors may explain its written findings.

MDU v. Behm 2020 ND 234
Docket No.: 20200122
Filing Date: 11/19/2020
Case Type: Appeal - Civil - Real Property
Author: Tufte, Jerod E.

Highlight: Under the law of the case doctrine, a party cannot on a second appeal relitigate issues that were resolved in the first appeal or that would have been resolved had they been properly presented in the first appeal.

The district court has discretion to award costs and attorney’s fees in an eminent domain action.

Gooss v. Gooss, et al. 2020 ND 233
Docket No.: 20200076
Filing Date: 11/19/2020
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: The required payment of travel expenses to exercise parenting time constitutes child support and falls under the jurisdiction of the Uniform Interstate Family Support Act (“UIFSA”).

Under North Dakota’s child support guidelines, a court does not abuse its discretion when granting a downward deviation for child support based on the actual travel expenses and practices of a party.

Jundt v. NDDOT 2020 ND 232
Docket No.: 20200115
Filing Date: 11/19/2020
Case Type: Appeal - Administrative - Department of Transportation
Author: Crothers, Daniel John

Highlight: The implied consent requirements of N.D.C.C. § 39-20-01 do not apply when an individual consents to a chemical test.

State v. Hajicek 2020 ND 231
Docket No.: 20200071
Filing Date: 11/19/2020
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Crothers, Daniel John

Highlight: Pursuant to N.D.C.C. § 44-08-20(3), a law enforcement officer acting outside of his jurisdiction may lawfully respond to a request for assistance from an officer within his jurisdiction, even if the request is solicited by the out-of-jurisdiction officer.

An issue will not be considered on appeal if the issue was not raised in the appellate brief.

Vacancy in Judgeship No. 5, Northeast Judicial District 2020 ND 230
Docket No.: 20200264
Filing Date: 11/6/2020
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: The vacancy in Judgeship No. 5 at Cavalier and Langdon, Northeast Judicial District, will be filled in the manner provided by N.D.C.C. Chapter 27-25.

Disciplinary Board v. Hibl 2020 ND 229
Docket No.: 20200235
Filing Date: 10/29/2020
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer disbarred.