Opinions

Pierce, et al. v. Anderson, et al. 2018 ND 131
Docket No.: 20180005
Filing Date: 6/5/2018
Case Type: Original Proceeding - Civil - Writ of Supervision
Author: Jensen, Jon J.

Highlight: This Court cautiously exercises its supervisory jurisdiction to prevent injustice in extraordinary cases where there is no adequate alternative remedy.
Under N.D.C.C. § 28-01-46, an occurrence is not obvious if it takes place during a technical surgical procedure and is beyond the understanding of a layperson.

Dickson v. Dickson 2018 ND 130
Docket No.: 20170334
Filing Date: 6/5/2018
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: An original determination to award primary residential responsibility is necessary when the parents have joint or equal residential responsibility or when the earlier residential responsibility determination is based on the parties' stipulation.
A court may consider, but is not bound by a finding of domestic violence in another proceeding under N.D.C.C. ch. 14-07.1. If the court finds credible evidence that domestic violence has occurred, and there exists one incident of domestic violence which resulted in serious bodily injury or involved the use of a dangerous weapon or there exists a pattern of domestic violence within a reasonable time proximate to the proceeding, this combination creates a rebuttable presumption that a parent who has perpetrated domestic violence may not be awarded residential responsibility for the child. N.D.C.C. 14-09-06.2(1)(j).

Beeter v. State 2018 ND 129
Docket No.: 20180032
Filing Date: 6/5/2018
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

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

State v. Contreras-Castillo 2018 ND 128
Docket No.: 20170362
Filing Date: 6/5/2018
Case Type: Appeal - Criminal - Homicide
Author: Per Curiam

Highlight: An appeal from a district court order denying a motion to withdraw a guilty plea is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).

Interest of Hoff 2018 ND 127
Docket No.: 20170434
Filing Date: 6/5/2018
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).

Interest of K.B. (CONFIDENTIAL) 2018 ND 126
Docket No.: 20180123
Filing Date: 6/5/2018
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)(4).

State v. Ashford 2018 ND 125
Docket No.: 20170307
Filing Date: 6/5/2018
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Criminal judgment for delivery of a controlled substance is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Bjerk, et al. v. Anderson 2018 ND 124
Docket No.: 20170160
Filing Date: 5/14/2018
Case Type: Appeal - Civil - Personal Injury
Author: Tufte, Jerod E.

Highlight: Absent a heightened degree of foreseeability, a homeowner does not have a duty of care under a premises liability theory to protect a guest in the home from the guest's own voluntary consumption of illegal drugs.

N.D. Dep't of Transportation v. Rosie Glow, LLC 2018 ND 123
Docket No.: 20170248
Filing Date: 5/14/2018
Case Type: Appeal - Civil - Real Property
Author: Crothers, Daniel John

Highlight: A district court abuses its discretion in awarding attorney fees without adequate explanation for drastically reducing the award.
A district court abuses its discretion when it fails to consider expert witness costs in its order awarding attorney fees and costs under N.D.C.C. § 32-15-32.

Ferguson v. Ferguson 2018 ND 122
Docket No.: 20170213
Filing Date: 5/10/2018
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair