Opinions

Schultz v. Schultz 2018 ND 259
Docket No.: 20180097
Filing Date: 12/6/2018
Case Type: Appeal - Civil - Divorce - Property
Author: Jensen, Jon J.

Highlight: There is no bright-line rule to distinguish between short and long-term marriages.

This Court will not reverse a district court’s findings on valuation of marital property unless they are clearly erroneous.

When a distribution of property includes periodic cash payments from one spouse to another, a district court has broad authority to provide for the payment of interest in order to achieve an equitable distribution of the property.

Green v. Swiers 2018 ND 258
Docket No.: 20180114
Filing Date: 12/6/2018
Case Type: Appeal - Civil - Child Support
Author: Jensen, Jon J.

Highlight: A district court’s decision on a motion to relocate is a finding of fact, which will not be reversed on appeal unless it is clearly erroneous.

To modify parenting time, the movant must establish a material change of circumstances has occurred since the prior visitation order and that it is in the best interests of the child to modify the order.

A material change in circumstances sufficient to amend a parenting time order is similar to, but distinct from, a material change in circumstances sufficient to change primary residential responsibility.

A district court’s decision to modify parenting time is a finding of fact, which will not be reversed on appeal unless clearly erroneous.

Interest of A.L.E. (CONFIDENTIAL) 2018 ND 257
Docket No.: 20180341
Filing Date: 12/6/2018
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Jensen, Jon J.

Highlight: Prenatal exposure to any controlled substance is a ground for a finding of deprivation.

A parent’s past conduct can form the basis to predict future behavior and a parent’s lack of cooperation with social service agencies is evidence that the causes and conditions of deprivation will likely continue.

When a parent, through voluntary actions, without reasonable justification, makes herself unavailable to care for and parent a young child, the child should not be expected to wait or assume the risk involved in waiting for permanency and stability in her life.

State v. Bornsen 2018 ND 256
Docket No.: 20180093
Filing Date: 12/6/2018
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Jensen, Jon J.

Highlight: Investigatory traffic stops are valid when the officer conducting the stop had a reasonable and articulable suspicion the motorist has violated or is violating the law.

Traffic violations, even if considered common or minor, constitute prohibited conduct which provide officers with requisite suspicion for conducting investigatory stops.

LeClair v. Sorel 2018 ND 255
Docket No.: 20180155
Filing Date: 12/6/2018
Case Type: Appeal - Administrative - Department of Transportation
Author: Tufte, Jerod E.

Highlight: The implied consent advisory provided to a driver after an arrest for driving under the influence must be substantively complete.
The entire substance of the advisory was conveyed despite the officer’s omission of the word “punishable” from the statutory language in N.D.C.C. 39-20-01(3)(a).

State v. Ferderer 2018 ND 254
Docket No.: 20180072
Filing Date: 12/6/2018
Case Type: Appeal - Criminal - Misc. Felony
Author: Crothers, Daniel John

Highlight: A revocation of a sentence for a probation violation does not violate double jeopardy.

Tornabeni v. Wold, et al. 2018 ND 253
Docket No.: 20180164
Filing Date: 12/6/2018
Case Type: Appeal - Civil - Other
Author: Jensen, Jon J.

Highlight: The existence and terms of an oral contract are findings of fact subject to the clearly erroneous rule.
A district court’s determination of whether the facts support a finding of unjust enrichment is fully reviewable on appeal.
An award of damages for an unjust enrichment claim is reviewed under the clearly erroneous standard.
Issues not raised in the district court are waived.

State v. Hebert 2018 ND 252
Docket No.: 20180171
Filing Date: 12/6/2018
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam

Highlight: A criminal judgment convicting the defendant of tampering or damaging a public service is summarily reversed under N.D.R.App.P. 35.1(b).

Sabot v. State 2018 ND 251
Docket No.: 20180191
Filing Date: 12/6/2018
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Summary dismissal of post-conviction relief summarily affirmed under N.D.R.App.P 35.1(a)(2) and (7).

Interest of D.V.A. (Confidential) 2018 ND 250
Docket No.: 20180166
Filing Date: 12/6/2018
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

Highlight: A district court order denying discharge from civil commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2).