Opinions

Harrison v. State 2020 ND 156
Docket No.: 20200070
Filing Date: 7/22/2020
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. Helm 2020 ND 155
Docket No.: 20190325
Filing Date: 7/22/2020
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Crothers, Daniel John

Highlight: A defendant raising specific grounds in a N.D.R.Crim.P. 29 motion for judgment of acquittal waives on appeal other grounds not asserted in the district court.

City of Jamestown v. Schultz 2020 ND 154
Docket No.: 20190359
Filing Date: 7/22/2020
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Jensen, Jon J.

Highlight: When an individual has been given a reasonable opportunity to consult with an attorney before deciding to take a chemical test, the individual is not required to be provided with a second chance to consult with an attorney subsequent to making a decision to take the chemical test.

Norby v. Hinesley, et al. 2020 ND 153
Docket No.: 20190337
Filing Date: 7/22/2020
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: A district court’s decision on a motion to relocate is a finding of fact, which will not be reversed on appeal unless it is clearly erroneous.
A district court must analyze all four Stout-Hawkinson factors in determining whether a custodial parent may relocate out-of-state with a child.

Holter v. City of Mandan 2020 ND 152
Docket No.: 20190277
Filing Date: 7/22/2020
Case Type: Appeal - Civil - Administrative Proceeding
Author: McEvers, Lisa K. Fair

Highlight: This Court exercises a limited review of a challenge to a municipality’s decision to specially assess property.

A municipality has broad discretion to determine benefits and apportion assessments and costs to properties within an improvement district.

The special assessment against a property must not exceed the benefit which has been determined to have accrued thereto.

State v. Harstad 2020 ND 151
Docket No.: 20190400
Filing Date: 6/29/2020
Case Type: Appeal - Criminal - Theft
Author: Jensen, Jon J.

Highlight: A district court abused its discretion awarding restitution for damages that were not directly related to the criminal conduct.

Zundel v. Zundel, et al. 2020 ND 150
Docket No.: 20190334
Filing Date: 6/29/2020
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: A district court judgment finding a bill of transfer is void as a result of undue influence is not clearly erroneous.

The court did not abuse its discretion by quashing a post-trial subpoena.

Issues raised for the first time on appeal will not be considered.

State v. Kuntz 2020 ND 149
Docket No.: 20190365
Filing Date: 6/29/2020
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: A district court’s order for restitution is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Wisnewski v. Wisnewski 2020 ND 148
Docket No.: 20190209
Filing Date: 6/29/2020
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: The domestic violence presumption under N.D.C.C. § 14-09-29(2) is only rebutted by clear and convincing evidence.
The absence of physical abuse of a child, use of substances at the time of a domestic violence incident or subsequent treatment for the substance use does not rebut the presumption. The passage of time alone also does not rebut the presumption.

Under N.D.C.C. § 14-09-31(4), when a court finds domestic violence occurred, it shall make orders for the allocation of decision making responsibility that best protects the child, parent, or both.

Child support calculations must state how net income was determined. Under N.D.C.C. § 14-09-29(4), when a parent perpetrates domestic violence as described, fees must be awarded unless those costs would place an undue financial hardship.

Lavallie v. Jay, et al. 2020 ND 147
Docket No.: 20190402
Filing Date: 6/29/2020
Case Type: Appeal - Civil - Personal Injury
Author: VandeWalle, Gerald

Highlight: Issues related to subject matter jurisdiction can be raised at any time and cannot be waived.
As a general rule, it is presumed that North Dakota district courts have subject matter jurisdiction, and the party challenging the district court’s subject matter jurisdiction bears the burden of proving the district court lacks subject matter jurisdiction.