Opinions

S.E.L. v. J.A.P., et al. (CONFIDENTIAL) 2019 ND 16
Docket No.: 20180075
Filing Date: 1/15/2019
Case Type: Appeal - Civil - Paternity
Author: McEvers, Lisa K. Fair

Highlight: Section 14-20-44(2), N.D.C.C., provides a statute of limitations barring proceedings to challenge an acknowledged father’s paternity and to adjudicate paternity brought more than two years after the effective date of the paternity acknowledgment.

Kieson v. Kieson 2019 ND 15
Docket No.: 20180157
Filing Date: 1/15/2019
Case Type: Appeal - Civil - Divorce - Property
Author: Per Curiam

Highlight: A marital property distribution in a divorce case is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).

Cody v. Cody 2019 ND 14
Docket No.: 20180120
Filing Date: 1/15/2019
Case Type: Appeal - Civil - Divorce - Property
Author: VandeWalle, Gerald

Highlight: The district court has broad discretion in deciding evidentiary matters, including whether to admit telephonic testimony.
Interlocutory orders generally are not appealable and may be revised or reconsidered any time before the final order or judgment is entered.
Claims for ineffective assistance of counsel have not been extended to civil actions for divorce.

Seccombe, et al. v. Rohde, et al. 2019 ND 13
Docket No.: 20180069
Filing Date: 1/15/2019
Case Type: Appeal - Civil - Real Property
Author: VandeWalle, Gerald

Highlight: A county court acquired jurisdiction over property when executor of estate filed a petition to sell the property and the petition substantially complied with statutory requirements.
When the sale of property by an executor or administrator of an estate is required to be confirmed by the court under statute, the order confirming the sale cures all nonjurisdictional errors and irregularities occurring after the court obtains jurisdiction.

Interest of E.S. (CONFIDENTIAL) 2019 ND 12
Docket No.: 20180426
Filing Date: 1/15/2019
Case Type: Appeal - Civil - Mental Health
Author: McEvers, Lisa K. Fair

Highlight: A district court’s finding respondent is mentally ill and requires treatment will not be reversed unless it is clearly erroneous.

To show a respondent is a person requiring treatment, the petitioner must prove by clear and convincing evidence that the person is mentally ill and there is a reasonable risk that, if the person is not treated, he poses a serious risk of harm to himself, others, or property.

State v. Christensen 2019 ND 11
Docket No.: 20180156
Filing Date: 1/15/2019
Case Type: Appeal - Criminal - Misc. Felony
Author: McEvers, Lisa K. Fair

Highlight: Appellate review of a criminal sentence is generally confined to whether the district court acted within the sentencing limits prescribed by statute, or substantially relied upon an impermissible factor.

The presumptive probation statute requires a sentence of probation unless an exception applies.

Ourada v. State 2019 ND 10
Docket No.: 20180087
Filing Date: 1/15/2019
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Jensen, Jon J.

Highlight: In a post-conviction relief proceeding, an applicant is entitled to notice that his application may be summarily dismissed.

State v. Strom 2019 ND 9
Docket No.: 20180167
Filing Date: 1/15/2019
Case Type: Appeal - Criminal - Misc. Felony
Author: Tufte, Jerod E.

Highlight: When ordering restitution for a victim of a criminal act, district courts must not consider the defendant’s ability to pay under N.D.C.C. § 12.1-32-08(1). North Dakota Constitution article I, § 25(1)(n) requires “full” restitution be awarded to the victim for “all losses” sustained. This amendment to the constitution implicitly repealed the statutory requirement to consider ability to pay.

Interest of D.M.W. (CONFIDENTIAL) 2019 ND 8
Docket No.: 20180413
Filing Date: 1/15/2019
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: An appeal from a juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).

State, et al. v. McGath 2019 ND 7
Docket No.: 20180186
Filing Date: 1/15/2019
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: An appeal from a divorce judgment is summarily affirmed under Koenig v. Schuh, 2016 ND 252, 888 N.W.2d 385, and N.D.R.App.P. 35.1(a)(2), (4), and (7).