Opinions

Rath v. Rath 2019 ND 303
Docket No.: 20190211
Filing Date: 12/18/2019
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: District court orders denying a motion for an extension, denying a motion to amend the parenting plan and child support, and denying a motion for relief from order and new trial are summarily affirmed under N.D.R.App.P. 35.1(a)(2),(4).

Interest of Voisine 2019 ND 302
Docket No.: 20190155
Filing Date: 12/18/2019
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Crothers, Daniel John

Highlight: The evidence does not support the conclusion that the civilly committed resident remains a sexually dangerous individual and is clearly erroneous. The order denying the petition for discharge is reversed.

Lessard v. Johnson 2019 ND 301
Docket No.: 20190077
Filing Date: 12/17/2019
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: A district court has discretion in deciding whether to grant a new trial under N.D.R.Civ.P. 59.
When a party moves for a new trial under N.D.R.Civ.P. 59, the party is limited on appeal to review of those issues raised in the motion for a new trial.
A district court’s decision awarding primary residential responsibility for children will not be reversed on appeal unless it is clearly erroneous, and the appellate court will not reweigh the evidence or retry the case.
The district court must equitably distribute the parties’ assets and debts in a divorce action.
A party is entitled to a hearing on a motion for contempt under N.D.C.C. § 27-10-01.3, but the party is required to comply with the procedural requirements of N.D.R.Ct. 3.2 to request a hearing.

State v. Komrosky 2019 ND 300
Docket No.: 20190065
Filing Date: 12/12/2019
Case Type: Appeal - Criminal - Drugs/Contraband
Author: VandeWalle, Gerald

Highlight: Warrantless discovery of evidence in a defendant’s home is justified under the emergency exception to the warrant requirement if entry was actually motivated by a perceived need to render aid or assistance.

An objective standard of reasonableness is used in determining whether law enforcement had reasonable grounds to believe there was an emergency at hand and an immediate need for their assistance for the protection of life or property.

Plain view is a recognized exception to the warrant requirement, allowing law enforcement officers to seize a clearly incriminating object without a warrant if the officers are lawfully in a position from which they can view an object and the object’s incriminating character is immediately apparent.

Thomas v. Thomas 2019 ND 299
Docket No.: 20190094
Filing Date: 12/12/2019
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: Section 14-09-06.2(1)(j), N.D.C.C, creates a rebuttable presumption against awarding custody of a child to a perpetrator of domestic violence if certain criteria is met. A district court is not bound to accept stipulations regarding custody and care of children if it finds the stipulations are not in the best interests of the child. A district court’s findings and conclusions regarding the presumption and stipulations should be sufficiently detailed to allow this Court to understand the basis for its decision.

State v. Rose 2019 ND 298
Docket No.: 20190176
Filing Date: 12/12/2019
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: Statutes are generally not retroactive unless the legislature expressly declares so.

The law in effect when court proceedings occurred and the district court issued its decision is controlling.

Edwardson v. State 2019 ND 297
Docket No.: 20190182
Filing Date: 12/12/2019
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Jensen, Jon J.

Highlight: Whether a petitioner received  ineffective  assistance  of counsel is a mixed question of law and fact and is fully reviewable on appeal. The district court’s findings of fact will not be disturbed on appeal unless clearly erroneous.

A district court’s findings supporting the denial of appellant’s application for post-conviction relief were not clearly erroneous.

Skaw ND Precast, LLC v. Oil Capital Ready Mix, LLC, et al. 2019 ND 296
Docket No.: 20190138
Filing Date: 12/12/2019
Case Type: Appeal - Civil - Other
Author: VandeWalle, Gerald

Highlight: When a lessor sells property that is subject to an unfulfilled lease, the buyer takes the property subject to the terms of the lease.
A lease is an agreement under which the owner gives up possession and use of property for valuable consideration and for a definite term and at the end of the term the owner has the absolute right to retake, control, and use the property.
Conversion is the tortious detention or destruction of personal property, or a wrongful exercise of dominion or control over the property inconsistent with or in defiance of the rights of the owner.
The detriment caused by the wrongful conversion of personal property includes fair compensation for the time and money properly expended in pursuit of the property.

Open Road Trucking v. Swanson, et al. 2019 ND 295
Docket No.: 20190091
Filing Date: 12/12/2019
Case Type: Appeal - Civil - Debtor/Creditor
Author: VandeWalle, Gerald

Highlight: A judgment debtor who pays more than his or her proportionate share of a judgment may take an assignment of the judgment for the purpose of enforcing contribution against co-debtors.

WSI v. Salat, et al. 2019 ND 294
Docket No.: 20190056
Filing Date: 12/12/2019
Case Type: Appeal - Administrative - Workers Compensation
Author: Crothers, Daniel John

Highlight: A reasoning mind could reasonably determine the claimant was unable to work and earn as much as he earned at the time of his injury and the claimant suffered low back pain that was attributable to the compensable work injury after November 11, 2016.