Opinions

Interest of K.S.D. (CONFIDENTIAL) (consolidated with 20170273) 2018 ND 103
Docket No.: 20170272
Filing Date: 5/7/2018
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: A juvenile court's decision to terminate parental rights in an ICWA case must be supported by evidence beyond a reasonable doubt, including qualified expert testimony, on whether the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child.

Disciplinary Board v. Popper 2018 ND 102
Docket No.: 20180113
Filing Date: 5/3/2018
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer reprimanded.

CHS Inc. v. Riemers 2018 ND 101
Docket No.: 20170331
Filing Date: 4/17/2018
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.

Highlight: Attorney's fees and costs may be awarded under N.D.C.C. 28-26-01(2) whether or not they are also available under N.D.R.Civ.P. 11.
Attorney's fees and costs may be assessed under N.D.C.C. 28-26-01(2) for a frivolous motion.
Post-judgment interest can accrue on a judgment that includes prejudgment costs and interest.
Unless an exception applies, a judgment or order entered in the district court, after the Supreme Court obtains jurisdiction, is void for lack of jurisdiction.

State v. Cook 2018 ND 100
Docket No.: 20170269
Filing Date: 4/12/2018
Case Type: Appeal - Criminal - Drugs/Contraband
Author: McEvers, Lisa K. Fair

Highlight: To satisfy the requirement of authenticating or identifying an item of evidence, the proponent must produce evidence sufficient to support a finding that the item is what the proponent claims it is. N.D.R.Ev. 901(a).
Statutes are not retroactive unless expressly declared so by the legislature, noting an exception for ameliorating penal legislation. A statute cannot apply retroactively when it becomes effective after a person has been finally convicted otherwise it would constitute an invalid exercise by the legislature of the executive pardoning power.
A district court is allowed a wide range of discretion in fixing a criminal sentence. Appellate review of a criminal sentence is generally limited to whether the district court acted within sentencing limits prescribed by statute, or substantially relied upon an impermissible factor.

Nelson, et al. v. Mattson, et al. (consolidated w/20170287) 2018 ND 99
Docket No.: 20170286
Filing Date: 4/10/2018
Case Type: Appeal - Civil - Foreclosure
Author: Tufte, Jerod E.

Highlight: Joint ventures can own property similarly to partnerships.
In determining whether property is owned by a partnership or is individually-owned by a partner, the district court must rely on the intention of the partners.
A voluntary payment made under a mutual mistake of law precludes recovery of that payment.

Rath v. Rath 2018 ND 98
Docket No.: 20170419
Filing Date: 4/10/2018
Case Type: Appeal - Civil - Child Support
Author: Jensen, Jon J.

Highlight: A claim for relief is frivolous only if there is such a complete absence of actual facts or law a reasonable person could not have expected a court would render a judgment in that person's favor.
The authority to issue supervisory writs is exercised rarely and cautiously, and only to rectify errors and prevent injustice in extraordinary cases in which there is no adequate alternative remedy.

Interest of P.T.D. (CONFIDENTIAL)(cons. w/ 20170069 - 20170072) 2018 ND 97
Docket No.: 20170068
Filing Date: 4/10/2018
Case Type: Appeal - Civil - Juvenile Law
Author: Jensen, Jon J.

Highlight: When the juvenile court makes insufficient findings of fact, this Court may remand with instructions requiring the juvenile court to make additional findings of fact.

Rocky Mountain Steel Foundations, Inc. v. Brockett Company, LLC, et al. 2018 ND 96
Docket No.: 20170407
Filing Date: 4/10/2018
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Crothers, Daniel John

Highlight: An owner's full payment of the general contractor after receipt of notice of a subcontractor's oil and gas construction lien does not invalidate the subcontractor's lien.
In an action to enforce an oil and gas construction lien, the party for whom judgment is rendered is entitled to recover reasonable attorney fees

State v. Gunn 2018 ND 95
Docket No.: 20170138
Filing Date: 4/10/2018
Case Type: Appeal - Criminal - Sexual Offense
Author: McEvers, Lisa K. Fair

Highlight: The criminal attempt statute does not require that the underlying offense be committed.
Speech integral to a crime is not protected by the First Amendment.

Olson v. N.D. Dep't of Transportation 2018 ND 94
Docket No.: 20170351
Filing Date: 4/10/2018
Case Type: Appeal - Administrative - Department of Transportation
Author: Jensen, Jon J.

Highlight: The revocation of driving privileges for refusal to submit to chemical testing requires a valid arrest.
In the absence of authority from Congress, the State lacks criminal jurisdiction over crimes committed by non-member Indians on tribal land.
Whether an officer has jurisdiction to arrest depends on the law of the place where the arrest is made.