Opinions

State v. Goldsack (consolidated w/20180266) 2019 ND 36
Docket No.: 20180265
Filing Date: 2/21/2019
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Judgment revoking probation and sentencing defendant to six years’ imprisonment summarily affirmed under N.D.R.App.P. 35.1(a)(2), (4) and (7).

Interest of H.B. (CONFIDENTIAL) (CONSOLIDATED W/20180440 & 20180441) 2019 ND 35
Docket No.: 20180439
Filing Date: 2/21/2019
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: A juvenile court order terminating parental rights to H.B., V.B, and A.B. is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Brakke 2019 ND 34
Docket No.: 20180275
Filing Date: 2/21/2019
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: A criminal judgment for driving with a suspended license is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Smith v. State 2019 ND 33
Docket No.: 20180276
Filing Date: 2/21/2019
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

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

Tollefson v. Anderson & Fercho, PLLP, et al. 2019 ND 32
Docket No.: 20180310
Filing Date: 1/31/2019
Case Type: Appeal - Civil - Other
Author: Per Curiam

Highlight: Appellant’s appeal of the district court’s order granting summary judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(1), (4), (7).

This Court may award just damages and single or double costs, including reasonable attorney fees, if it determines an appeal is frivolous.

Wald v. Benedictine Living Communities, Inc. 2019 ND 31
Docket No.: 20180048
Filing Date: 1/25/2019
Case Type: Appeal - Civil - Employer/Employee Dispute
Author: McEvers, Lisa K. Fair

Highlight: A post-verdict motion for judgment as a matter of law is a renewal of the pre-verdict motion and can be granted only on grounds advanced in the pre-verdict motion.

A jury verdict may not be based upon speculation of conjecture.

Friesner v. Friesner, et al. 2019 ND 30
Docket No.: 20180094
Filing Date: 1/22/2019
Case Type: Appeal - Civil - Child Support
Author: Tufte, Jerod E.

Highlight: A district court’s choice for primary residential responsibility between two fit parents is a difficult one, and the Supreme Court will not retry the case or substitute its judgment for that of the district court when its decision is supported by the evidence.

Permanent spousal support may be appropriate when there is a substantial income disparity between the spouses that cannot be remedied by property division or rehabilitative spousal support.

State v. Bearrunner 2019 ND 29
Docket No.: 20180258
Filing Date: 1/22/2019
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Jensen, Jon J.

Highlight: Whether a fence is so enclosed as manifestly to exclude intruders is a finding of fact.

Appellant’s conduct did not rise to the level of “tumultuous and violent” as required under N.D.C.C. § 12.1-25-01.

State v. Foster 2019 ND 28
Docket No.: 20180098
Filing Date: 1/15/2019
Case Type: Appeal - Criminal - Misc. Felony
Author: Tufte, Jerod E.

Highlight: A witness may testify from personal knowledge about the witness’s own actions and observations even when they relate to acts technical in nature. If evidence is admitted in error, this Court will consider the entire record and decide in light of all the evidence whether the error was so prejudicial the defendant’s rights were affected and a different decision would have occurred absent the error.

Helbling v. Helbling 2019 ND 27
Docket No.: 20180095
Filing Date: 1/15/2019
Case Type: Appeal - Civil - Divorce - Property
Author: McEvers, Lisa K. Fair

Highlight: When a divorce settlement agreement is incorporated and merged into a judgment, only the final judgment is interpreted and enforced, not the underlying contract between the parties.