Opinions

Hoffarth v. Hoffarth 2020 ND 218
Docket No.: 20200129
Filing Date: 10/21/2020
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Ring v. NDDHS 2020 ND 217
Docket No.: 20200072
Filing Date: 10/21/2020
Case Type: Appeal - Civil - Administrative Proceeding
Author: VandeWalle, Gerald

Highlight: When ruling on a motion for substitution upon a party’s death, the district court must determine whether the case was extinguished by the death, and if not, whether the party seeking substitution is the proper successor.

State v. Long 2020 ND 216
Docket No.: 20200050
Filing Date: 10/21/2020
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Jensen, Jon J.

Highlight: A district court’s order denying the defendant’s motion to dismiss is affirmed.

Section 39-08-01(1)(f), N.D.C.C., which requires an individual be advised of the consequences of refusing a chemical test, is unambiguous and does not provide informing drivers of the right to refuse a chemical test.

City of Minot v. Miller 2020 ND 215
Docket No.: 20200121
Filing Date: 10/21/2020
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: Exclusion of a chemical test through the application of N.D.C.C. § 39-20-01(b) is not an available remedy in a criminal proceeding not involving a refusal.

State v. Trefethren 2020 ND 214
Docket No.: 20200116
Filing Date: 10/21/2020
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: Criminal judgment entered after a guilty plea is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).

G & D Enterprises v. Liebelt 2020 ND 213
Docket No.: 20190256
Filing Date: 10/21/2020
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Tufte, Jerod E.

Highlight: The duty which gives rise to a nuisance claim is the absolute duty not to act in a way which unreasonably interferes with other persons’ use and enjoyment of their property.

To succeed on a trespass claim, the plaintiff must establish the defendant intentionally entered the land of another, or caused a thing or third person to do so, without the consent of the landowner.

A district court’s decision granting or denying injunctive relief is equitable in nature, rests within its sound discretion, and will not be reversed on appeal absent an abuse of discretion.

Bickel v. Bickel 2020 ND 212
Docket No.: 20200026
Filing Date: 10/21/2020
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: If the district court finds certain past income is an unreliable indicator of the obligor’s future income, the court must explain why the income it utilized in determining the child support obligation was appropriate.

If the district court bases a child support obligation on an income earned in less than a 12-month period, the court must explain why it did not utilize the evidence it had to extrapolate an income for a 12-month period.

Pursuant to N.D. Admin. Code § 75-02-04.1-02(9), each child support order must include a statement of the net income of the obligor used to determine the child support obligation, and how that net income was determined.

Generally, a modification of child support should be made effective from the date of the motion to modify, absent good reason to set some other date.

If the district court grants a movant relief on a motion to compel discovery, either in whole or in part, and the movant requests attorney’s fees, the court must consider whether an award of attorney’s fees is appropriate under N.D.R.Civ.P. 37(a)(5).

Toure v. State 2020 ND 211
Docket No.: 20200040
Filing Date: 10/21/2020
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

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

Beyer v. State 2020 ND 210
Docket No.: 20200052
Filing Date: 10/21/2020
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

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

Interest of C.A.R. (CONFIDENTIAL) 2020 ND 209
Docket No.: 20190385
Filing Date: 10/21/2020
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Tufte, Jerod E.

Highlight: A party seeking termination of parental rights must prove all the elements by clear and convincing evidence.

If a petitioner proves his or her case under the clear and convincing standard of proof, then a district court has discretion to decide whether to terminate parental rights.