Opinions

J.B., et al. v. R.B. 2018 ND 83
Docket No.: 20180018
Filing Date: 3/22/2018
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.

Solwey v. Solwey 2018 ND 82
Docket No.: 20170379
Filing Date: 3/22/2018
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: The effective date for a modification of child support depends upon the facts of each case. The modification generally should be made effective from the date of the motion to modify, absent good reason to set some other date.
If the court finds by clear and convincing evidence that a child is of sufficient maturity to make a sound judgment, the court may give substantial weight to the preference of the mature child. The maturity of the child is a factually driven issue and will depend on the facts and circumstances of the case.

Carlson v. State 2018 ND 81
Docket No.: 20170252
Filing Date: 3/22/2018
Case Type: Appeal - Civil - Post-Conviction Relief
Author: McEvers, Lisa K. Fair

Highlight: An application for post-conviction relief must be filed within two years of the date the conviction becomes final under N.D.C.C. 29-32.1-01(2).
There are three exceptions to the two-year limitation for an application for post-conviction relief: (1) newly discovered evidence, (2) petitioner establishes that the petitioner suffered from a physical disability or mental disease that precluded timely assertion of the application for relief, and (3) petitioner asserts a new interpretation of federal or state constitutional or statutory law that is retroactively applicable to the petitioner's case. See N.D.C.C. 29-32.1-01(3)(b).

Arnegard, et al. v. Arnegard Township 2018 ND 80
Docket No.: 20170242
Filing Date: 3/22/2018
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: Zoning ordinances and amendments are valid if a township follows the statutory procedures. A conditional use permit does not by itself create a contract between a township and a landowner.
A township has no duty to disclose validly enacted zoning ordinances or amendments beyond the notice and filing procedures provided by statute.Zoning ordinances and amendments are valid if a township follows the statutory procedures. A conditional use permit does not by itself create a contract between a township and a landowner. A township has no duty to disclose validly enacted zoning ordinances or amendments beyond the notice and filing procedures provided by statute. A claim of constitutional due process violation first requires a protected property interest created by an independent source of law.Zoning ordinances and amendments are valid if a township follows the statutory procedures. A conditional use permit does not by itself create a contract between a township and a landowner. A township has no duty to disclose validly enacted zoning ordinances or amendments beyond the notice and filing procedures provided by statute. A claim of constitutional due process violation first requires a protected property interest created by an independent source of law.Zoning ordinances and amendments are valid if a township follows the statutory procedures. A conditional use permit does not by itself create a contract between a township and a landowner. A township has no duty to disclose validly enacted zoning ordinances or amendments beyond the notice and filing procedures provided by statute.Zoning ordinances and amendments are valid if a township follows the statutory procedures. A conditional use permit does not by itself create a contract between a township and a landowner. A township has no duty to disclose validly enacted zoning ordinances or amendments beyond the notice and filing procedures provided by statute.
A claim of constitutional due process violation first requires a protected property interest created by an independent source of law.
A claim of constitutional due process violation first requires a protected property interest created by an independent source of law. A claim of constitutional due process violation first requires a protected property interest created by an independent source of law.

Berg v. Berg 2018 ND 79
Docket No.: 20170336
Filing Date: 3/22/2018
Case Type: Appeal - Civil - Divorce - Property
Author: Jensen, Jon J.

Highlight: A district court does not clearly err in dividing property and awarding spousal support when it considers the Ruff-Fischer factors and adequately explains its findings regarding property division and spousal support.

State v. Terrill 2018 ND 78
Docket No.: 20170309
Filing Date: 3/22/2018
Case Type: Appeal - Criminal - Drugs/Contraband
Author: VandeWalle, Gerald

Highlight: Constructive possession of drug paraphernalia is sufficient probable cause to arrest. Constructive possession can be inferred from the totality of the circumstances including (1) an accused's presence in the place where a controlled substance is found; (2) his proximity to the place where it is found; and (3) the fact the controlled substance was found in plain view.
A search incident to arrest applies where an officer has probable cause prior to conducting the search, and the arrest is substantially contemporaneous to the search.

Chatman v. State 2018 ND 77
Docket No.: 20170384
Filing Date: 3/22/2018
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Crothers, Daniel John

Highlight: An application for post-conviction relief based on newly discovered evidence must be supported by competent, admissible evidence.
An applicant must move for leave and show good cause to use the discovery process in post-conviction relief proceedings.
An application for post-conviction relief generally may not raise claims that could have been addressed in earlier proceedings.

Interest of T.S.C. (CONFIDENTIAL)(Consolidated w/20180053 & 20180054) 2018 ND 76
Docket No.: 20180052
Filing Date: 3/22/2018
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Tufte, Jerod E.

Highlight: An untimely notice of appeal leaves the Supreme Court without jurisdiction to consider the appeal.

State v. Sauter 2018 ND 75
Docket No.: 20170339
Filing Date: 3/22/2018
Case Type: Appeal - Criminal - Homicide
Author: VandeWalle, Gerald

Highlight: A warrantless blood-alcohol test is unreasonable unless it falls within a recognized exception to the warrant requirement. A warrantless blood-alcohol test may be justified under the exigent circumstances exception to the warrant requirement.

State v. Redtomahawk 2018 ND 74
Docket No.: 20170353
Filing Date: 3/22/2018
Case Type: Appeal - Criminal - Theft
Author: Per Curiam

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