Opinions

Interest of A.T. (CONFIDENTIAL) 2020 ND 86
Docket No.: 20200092
Filing Date: 5/7/2020
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: An order terminating father’s parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Foster 2020 ND 85
Docket No.: 20190298
Filing Date: 5/7/2020
Case Type: Appeal - Criminal - Misc. Felony
Author: Jensen, Jon J.

Highlight: Questions requiring the defendant to give his opinion regarding the veracity and credibility of earlier witnesses is improper.

Section 62.1-04-02(1), N.D.C.C., is a strict liability offense, punishable without regard to intent, knowledge, willfulness, or negligence.

Interest of F.M.G. (Confidential) 2020 ND 84
Docket No.: 20200094
Filing Date: 5/7/2020
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

Highlight: A district court’s continuing treatment order is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Shadow Industries, LLP v. Hoffman, et al. 2020 ND 83
Docket No.: 20190231
Filing Date: 5/7/2020
Case Type: Appeal - Civil - Other
Author: Jensen, Jon J.

Highlight: A district court erred in determining a lease was ambiguous with regard to when the term ended. A term in a lease is not ambiguous simply because it requires a future event or contingency.

Interest of M.M. (CONFIDENTIAL) 2020 ND 82
Docket No.: 20200054
Filing Date: 5/7/2020
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: Judgment terminating father’s parental rights are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Johnson v. City of Burlington 2020 ND 81
Docket No.: 20190318
Filing Date: 5/7/2020
Case Type: Appeal - Civil - Administrative Proceeding
Author: McEvers, Lisa K. Fair

Highlight: This Court’s review of the appeal from the decision of a local governing body is very limited. A city’s denial of a variance application is not arbitrary, capricious, or unreasonable when the ordinances do not provide for a variance based on the evidence presented.

State v. Craig 2020 ND 80
Docket No.: 20190282
Filing Date: 4/6/2020
Case Type: Appeal - Criminal - Homicide
Author: Crothers, Daniel John

Highlight: A district court did not abuse its discretion in denying a motion to withdraw a guilty plea.

Schweitzer v. Miller 2020 ND 79
Docket No.: 20190157
Filing Date: 4/6/2020
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: A party may raise the question of subject matter jurisdiction at any time during a proceeding.
Under the Uniform Child Custody Jurisdiction and Enforcement Act, a child’s “home state” is the state where a child lived with a parent for at least six consecutive months immediately before the commencement of a child custody proceeding.

State v. Krogstad 2020 ND 78
Docket No.: 20190290
Filing Date: 4/6/2020
Case Type: Appeal - Criminal - Sexual Offense
Author: Tufte, Jerod E.

Highlight: If a defendant has an opportunity to cross-examine the witness at trial, the admission of testimonial statements would not violate the Confrontation Clause of the Sixth Amendment to the United States Constitution.

Willprecht v. Willprecht 2020 ND 77
Docket No.: 20190201
Filing Date: 4/6/2020
Case Type: Appeal - Civil - Child Support
Author: Tufte, Jerod E.

Highlight: In divorce proceedings, if the parties do not agree on a valuation date for marital property, the valuation date is the date the parties separated or the date of the service of the summons in the action, whichever occurred first.

A district court errs as a matter of law in setting a child support obligation if it does not comply with the requirements of the child support guidelines.

A district court’s ability to award post-minority child support is limited to circumstances under which the parents have a statutory legal duty to support adult children.

A district court errs if it orders child support to equitably balance the burdens of the divorce and to reduce an income disparity between the parties.