Opinions

Interest of H.W. 2024 ND 145
Docket No.: 20240172
Filing Date: 7/18/2024
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

Highlight: Orders for hospitalization and involuntary treatment with medication are summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Warner v. Warner 2024 ND 144
Docket No.: 20240047
Filing Date: 7/18/2024
Case Type: Appeal - Civil - Child Support
Author: Bahr, Douglas Alan

Highlight: Under N.D.C.C. § 14-09.1-07, a family law mediation agreement is not binding upon the parties until approved by order of the court.

The district court did not abuse its discretion when it denied the defendant's motion to set aside the judgment.

Wootan v. State 2024 ND 143
Docket No.: 20240025
Filing Date: 7/18/2024
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court order denying an application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

State v. Ritter 2024 ND 142
Docket No.: 20230337
Filing Date: 7/18/2024
Case Type: Appeal - Criminal - Sexual Offense
Author: Tufte, Jerod E.

Highlight: A criminal judgment entered after a jury conviction of sexual assault is reversed because the district court abused its discretion by admitting video of a forensic interview without weighing the probative value against the prejudicial effect.

A court is vested with discretion to decide whether a party has opened the door for the admission of otherwise inadmissible evidence, but opening the door for the admission of otherwise inadmissible evidence is not unlimited.

A court must first consider whether and to what extent the door has been opened regarding a particular topic. When the door has been opened, the court must also consider, under N.D.R.Ev. 403, whether the probative value of the evidence is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury.

Gerszewski v. Rostvet (consolidated w/20230362 & 20230363) 2024 ND 141
Docket No.: 20230361
Filing Date: 7/18/2024
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.

Highlight: A court may grant a disorderly conduct restraining order when a petitioner establishes, by reasonable grounds, that the respondent engaged in disorderly conduct. Disorderly conduct is defined as intrusive or unwanted acts, words, or gestures that are intended to adversely affect the safety, security, or privacy of another person. Reasonable grounds is synonymous with probable cause. A trespass is not disorderly conduct if there is no intent to adversely affect the safety, security, or privacy of another.

A district court may take judicial notice on its own of facts that are generally known within the court's territorial jurisdiction or facts that can be accurately determined from sources which cannot reasonably be questioned. When a district court takes judicial notice before notifying the parties, the parties, on request, are entitled to be heard.

The purpose of an appeal is to review the actions of the trial court, not to grant the appellant an opportunity to develop and expound upon new strategies or theories. The requirement that a party first present an issue to the trial court, as a precondition to raising it on appeal, gives that court a meaningful opportunity to make a correct decision, contributes valuable input to the process, and develops the record for effective review of the decision.

Rostvet v. Gerszewski (consolidated w/20230361 & 20230363) 2024 ND 141
Docket No.: 20230362
Filing Date: 7/18/2024
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.

Highlight: A court may grant a disorderly conduct restraining order when a petitioner establishes, by reasonable grounds, that the respondent engaged in disorderly conduct. Disorderly conduct is defined as intrusive or unwanted acts, words, or gestures that are intended to adversely affect the safety, security, or privacy of another person. Reasonable grounds is synonymous with probable cause. A trespass is not disorderly conduct if there is no intent to adversely affect the safety, security, or privacy of another.

A district court may take judicial notice on its own of facts that are generally known within the court's territorial jurisdiction or facts that can be accurately determined from sources which cannot reasonably be questioned. When a district court takes judicial notice before notifying the parties, the parties, on request, are entitled to be heard.

The purpose of an appeal is to review the actions of the trial court, not to grant the appellant an opportunity to develop and expound upon new strategies or theories. The requirement that a party first present an issue to the trial court, as a precondition to raising it on appeal, gives that court a meaningful opportunity to make a correct decision, contributes valuable input to the process, and develops the record for effective review of the decision.

Rostvet v. Gerszewski (consolidated w/20230361 & 20230362) 2024 ND 141
Docket No.: 20230363
Filing Date: 7/18/2024
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.

Highlight: A court may grant a disorderly conduct restraining order when a petitioner establishes, by reasonable grounds, that the respondent engaged in disorderly conduct. Disorderly conduct is defined as intrusive or unwanted acts, words, or gestures that are intended to adversely affect the safety, security, or privacy of another person. Reasonable grounds is synonymous with probable cause. A trespass is not disorderly conduct if there is no intent to adversely affect the safety, security, or privacy of another.

A district court may take judicial notice on its own of facts that are generally known within the court's territorial jurisdiction or facts that can be accurately determined from sources which cannot reasonably be questioned. When a district court takes judicial notice before notifying the parties, the parties, on request, are entitled to be heard.

The purpose of an appeal is to review the actions of the trial court, not to grant the appellant an opportunity to develop and expound upon new strategies or theories. The requirement that a party first present an issue to the trial court, as a precondition to raising it on appeal, gives that court a meaningful opportunity to make a correct decision, contributes valuable input to the process, and develops the record for effective review of the decision.

Interest of O.F. 2024 ND 140
Docket No.: 20240136
Filing Date: 7/18/2024
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Tufte, Jerod E.

Highlight: A district court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Section 27-20.3-20(1)(c)(2), N.D.C.C., does not require 660 nights to have passed since placement of a child into care to satisfy the statute. The plain language of the statute requires the child be in care for at least 450 nights of the previous 660 nights.

State v. Adams 2024 ND 139
Docket No.: 20230328
Filing Date: 7/18/2024
Case Type: Appeal - Criminal - Sexual Offense
Author: Jensen, Jon J.

Highlight: The subsections in N.D.C.C. § 12.1-18-01(1) are alternative means of committing kidnapping and are not separate offenses.

When a defendant is charged and sentenced under an incorrect offense level, it is necessary to reverse and remand for resentencing.

Fahey, et al. v. Cook, et al. 2024 ND 138
Docket No.: 20230267
Filing Date: 7/5/2024
Case Type: Appeal - Civil - Malpractice
Author: Bahr, Douglas Alan

Highlight: A party resisting a summary judgment motion may not simply rely upon the pleadings or upon unsupported, conclusory allegations. Issues of fact become issues of law when a reasonable person could reach only one conclusion from the facts.

The elements of a legal malpractice action against an attorney for professional negligence are: 1) the existence of an attorney-client relationship, 2) a duty by the attorney to the client, 3) a breach of that duty by the attorney, and 4) damages to the client proximately caused by the breach of that duty.

The party asserting collateral estoppel bars relitigation of an issue in a new proceeding has the burden of establishing the doctrine applies. A legal malpractice action generally does not litigate the same issues as the underlying civil case in which the malpractice allegedly occurred.

Statutes are construed as a whole, harmonized to give meaning to related provisions, and interpreted to give effect to all of their provisions. When a uniform statute is interpreted, we construe it to effectuate its general purpose to make the law uniform in the states which enacted it.