Opinions

Thompson, et al. v. Molde, et al. 2018 ND 245
Docket No.: 20170127
Filing Date: 11/13/2018
Case Type: Appeal - Civil - Tax Realted
Author: Crothers, Daniel John

Highlight: Summary judgment allows for the prompt resolution of a controversy on the merits without a trial if there are no disputed issues of material fact and the moving party is entitled to judgment as a matter of law.

The Supreme Court may award just damages and single or double costs, including reasonable attorney’s fees for a frivolous appeal.

State v. Rogers 2018 ND 244
Docket No.: 20170389
Filing Date: 11/6/2018
Case Type: Appeal - Criminal - Sexual Offense
Author: Tufte, Jerod E.

Highlight: Defendant appeals from a district court judgment for gross sexual imposition. Because the district court did not make individualized findings supporting closure of the competency hearing under Waller, the Sixth Amendment public trial guarantee wasviolated. The restitution award was proper and it is affirmed consistent with our remand. We remand for further proceedings.

Upton v. Nolan 2018 ND 243
Docket No.: 20180119
Filing Date: 11/6/2018
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: Although a district court has continuing jurisdiction to modify parenting time, due process requires a parent receive adequate notice and a fair opportunity to be heard.

Due process notice requirements are satisfied when an unpled issue is tried by the implied consent of the parties.

Consent to try an issue outside the pleadings cannot be implied from evidence which is relevant to the pleadings but which also bears on an unpleaded issue.

A district court has broad discretion in making contempt decisions and in awarding attorney fees as reimbursement for costs and expenses incurred as a result of the contempt.

State v. Sanchez (consolidated w/20180064) 2018 ND 242
Docket No.: 20180063
Filing Date: 11/6/2018
Case Type: Appeal - Criminal - Theft
Author: Tufte, Jerod E.

Highlight: A district court may extend on its own a self-imposed deadline for scheduling or holding a restitution hearing.

State v. Jessee 2018 ND 241
Docket No.: 20180047
Filing Date: 11/6/2018
Case Type: Appeal - Criminal - Misc. Felony
Author: Crothers, Daniel John

Highlight: Questions of fact in a criminal bench trial are reviewed in the same manner as questions of fact in a criminal jury trial.

Tampering with a public service requires an alteration or harmful change towards property under the control of the public service.

State v. Etemad 2018 ND 240
Docket No.: 20170421
Filing Date: 11/6/2018
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: A district court judgment entered after a jury found Etemad guilty of terrorizing is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7).

Under an obvious error analysis, in order to find a violation affects substantial rights a moving party must demonstrate the violation significantly prejudiced him.

Pederson v. State 2018 ND 239
Docket No.: 20180126
Filing Date: 11/6/2018
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Judgment denying motion for relief under N.D.R.Civ.P. 60(b) and application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).

Marler v. Martin, et al. 2018 ND 238
Docket No.: 20180019
Filing Date: 11/6/2018
Case Type: Appeal - Civil - Contracts
Author: Per Curiam

Highlight: A judgment and order denying a motion for a new trial are summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).

City of Fargo v. Nelson 2018 ND 237
Docket No.: 20170424
Filing Date: 11/6/2018
Case Type: Appeal - Civil - Other
Author: Per Curiam

Highlight: Civil judgment finding appellant's property constitutes a public nuisance, requiring abatement of the nuisance, and granting a permanent injunction from maintaining a nuisance on the property is summarily affirmed under N.D.R.App.P. 35.1(a)(2), (4),(7).

Interest of G.F. (CONFIDENTIAL) 2018 ND 236
Docket No.: 20180332
Filing Date: 11/6/2018
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: Juvenile court order terminating parental rights under N.D.C.C.  27-20-44(1)(c)(1) and N.D.C.C.  27-20-44(1)(c)(2) is summarily affirmed under N.D.R.App.P. 35.1(a)(2).