Opinions

Anderson v. Spitzer, et al. 2022 ND 110
Docket No.: 20210290
Filing Date: 5/26/2022
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: A district court may modify residential responsibility if it finds a material change in circumstances and modification is necessary to serve the best interests of the child.

To warrant modification, the material change in circumstances must adversely affect the child or result in a general decline in the child’s condition.

Anderson v. Spitzer, et al. 2022 ND 110
Docket No.: 20210290
Filing Date: 5/26/2022
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

In the Matter of the Adoption of K.M.T. (CONFIDENTIAL) 2022 ND 109
Docket No.: 20210310
Filing Date: 5/26/2022
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Crothers, Daniel John

Highlight: Parental rights may be terminated upon a finding of abandonment.

A party seeking termination of parental rights must prove all elements by clear and convincing evidence.

Section 14-16-06(1), N.D.C.C., permits termination of parental rights in an adoption proceeding.

In the Matter of the Adoption of K.M.T. (CONFIDENTIAL) 2022 ND 109
Docket No.: 20210310
Filing Date: 5/26/2022
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Crothers, Daniel John

Matter of Didier 2022 ND 108
Docket No.: 20210325
Filing Date: 5/26/2022
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

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

Matter of Didier 2022 ND 108
Docket No.: 20210325
Filing Date: 5/26/2022
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

State v. Landrus 2022 ND 107
Docket No.: 20210304
Filing Date: 5/26/2022
Case Type: Appeal - Criminal - Assault
Author: Crothers, Daniel John

Highlight: This Court may consider an obvious error that affects substantial rights.

Jury instructions must correctly and adequately inform the jury of the applicable law.

Instructing the jury on the wrong subdivision of law is a plain error.

Sustaining a conviction based on jury instructions that do not require findings on every essential element of the charged crime violates due process.

State v. Landrus 2022 ND 107
Docket No.: 20210304
Filing Date: 5/26/2022
Case Type: Appeal - Criminal - Assault
Author: Crothers, Daniel John

State v. Yellow Hammer 2022 ND 106
Docket No.: 20210209
Filing Date: 5/26/2022
Case Type: Appeal - Criminal - Homicide
Author: Tufte, Jerod E.

Highlight: Future medical expenses may be awarded as restitution to a crime victim if the amount can be ascertained from the evidence presented at a restitution hearing.

State v. Yellow Hammer 2022 ND 106
Docket No.: 20210209
Filing Date: 5/26/2022
Case Type: Appeal - Criminal - Homicide
Author: Tufte, Jerod E.

Rath v. Rath, et al. 2022 ND 105
Docket No.: 20210120
Filing Date: 5/26/2022
Case Type: Appeal - Civil - Child Support
Author: Jensen, Jon J.

Highlight: A district court has broad discretion on evidentiary matters and over the conduct of a hearing. A ruling on a motion in limine is reviewed under the abuse of discretion standard.

The right to closing arguments can be waived by the parties and narrowed by the courts, but it cannot be unilaterally denied.

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

A demand for change of judge, once granted, carries forward in any particular case, even when a new proceeding is filed in a divorce case triggering a new judge assignment.

The Supreme Court may, on its own motion or the motion of any party to an appeal, enter a pre-filing order prohibiting a vexatious litigant from filing any new litigation in the courts of this state as a self-represented party without first obtaining leave of a judge of the court where the litigation is proposed to be filed.

Rath v. Rath, et al. 2022 ND 105
Docket No.: 20210120
Filing Date: 5/26/2022
Case Type: Appeal - Civil - Child Support
Author: Jensen, Jon J.

Toman Engineering Co. v. Koch Construction, et al. 2022 ND 104
Docket No.: 20210186
Filing Date: 5/26/2022
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Highlight: The district court may exercise its inherent power to sanction when a party violates the duty to preserve evidence and destroys evidence relevant to the lawsuit.

The duty to preserve evidence may be discharged and the evidence may be destroyed if the custodial party has a legitimate need to destroy the evidence and has provided sufficient notice to the other parties allowing for a full and fair opportunity to inspect the evidence.

Toman Engineering Co. v. Koch Construction, et al. 2022 ND 104
Docket No.: 20210186
Filing Date: 5/26/2022
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Matter of Shane Lance Yates 2022 ND 103
Docket No.: 20220054
Filing Date: 5/12/2022
Case Type: Appeal - Civil - Other
Author: Per Curiam

Highlight: District court orders denying petitions for name changes and requests for evidentiary hearings are summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Matter of Shane Lance Yates 2022 ND 103
Docket No.: 20220054
Filing Date: 5/12/2022
Case Type: Appeal - Civil - Other
Author: Per Curiam

Matter of Amy Jo Yates 2022 ND 103
Docket No.: 20220056
Filing Date: 5/12/2022
Case Type: Appeal - Civil - Other
Author: Per Curiam

Highlight: District court orders denying petitions for name changes and requests for evidentiary hearings are summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Matter of Amy Jo Yates 2022 ND 103
Docket No.: 20220056
Filing Date: 5/12/2022
Case Type: Appeal - Civil - Other
Author: Per Curiam

State v. Rodriguez 2022 ND 102
Docket No.: 20210359
Filing Date: 5/12/2022
Case Type: Appeal - Criminal - Misc. Felony
Author: Crothers, Daniel John

Highlight: A district court’s dismissal of a criminal information is reviewed for an abuse of discretion.

A criminal information must identify the defendant, and must be a plain, concise, and definite written statement of the essential facts constituting the elements of the offense charged.

State v. Rodriguez 2022 ND 102
Docket No.: 20210359
Filing Date: 5/12/2022
Case Type: Appeal - Criminal - Misc. Felony
Author: Crothers, Daniel John

State v. Benter 2022 ND 101
Docket No.: 20210199
Filing Date: 5/12/2022
Case Type: Appeal - Criminal - Sexual Offense
Author: VandeWalle, Gerald

Highlight: To represent oneself, a criminal defendant must voluntarily, knowingly, and intelligently waive the right to counsel.

A defendant’s conduct may be the functional equivalent of a voluntary waiver of the right to counsel.

A district court has a continuing responsibility during trial to decide whether a self-represented defendant is competent to present his or her own defense. To ensure the defendant is afforded a fair trial, a district court can appoint counsel for the defendant during trial if the court determines the defendant is no longer competent to present his or her own defense.

State v. Benter 2022 ND 101
Docket No.: 20210199
Filing Date: 5/12/2022
Case Type: Appeal - Criminal - Sexual Offense
Author: VandeWalle, Gerald

State v. Koval 2022 ND 100
Docket No.: 20210356
Filing Date: 5/12/2022
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Jensen, Jon J.

Highlight: When a party challenges an underlying order prohibiting contact in a proceeding for violating that order, the challenge constitutes an impermissible collateral attack on the underlying order.

State v. Koval 2022 ND 100
Docket No.: 20210356
Filing Date: 5/12/2022
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Jensen, Jon J.

Updike v. Updike, et al. 2022 ND 99
Docket No.: 20210265
Filing Date: 5/12/2022
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: An underemployed child support obligor did not provide evidence to establish the N.D. Admin. Code § 75-02-04.1-07(5) exception for imputation of income based on the unavailability of employment applied.

Updike v. Updike, et al. 2022 ND 99
Docket No.: 20210265
Filing Date: 5/12/2022
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

WSI v. Boechler, PC, et al. 2022 ND 98
Docket No.: 20210225
Filing Date: 5/12/2022
Case Type: Appeal - Administrative - Workers Compensation
Author: Tufte, Jerod E.

Highlight: A dismissal without prejudice is ordinarily not appealable because either side may commence another action.

When deciding a due process claim, we consider whether a constitutionally protected property or liberty interest is at stake and, if so, whether minimum procedural due process requirements were met.

WSI is required to notify an employer of the premiums and penalties that employer owes to WSI, and if the employer fails to pay that amount within thirty days, WSI may collect the premiums and penalties by civil action.

Under the North Dakota and U.S. Constitutions, excessive fines shall not be imposed. The federal excessive fines clause is violated if the fine is grossly disproportional to the gravity of a defendant’s offense.

WSI v. Boechler, PC, et al. 2022 ND 98
Docket No.: 20210225
Filing Date: 5/12/2022
Case Type: Appeal - Administrative - Workers Compensation
Author: Tufte, Jerod E.

Wheeler v. State (consolidated w/20220025 & 20220026) 2022 ND 97
Docket No.: 20220024
Filing Date: 5/12/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court’s N.D. Sup. Ct. Admin. R. 58 vexatious litigant pre-filing order is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).

Wheeler v. State (consolidated w/20220025 & 20220026) 2022 ND 97
Docket No.: 20220024
Filing Date: 5/12/2022
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

State v. Houle 2022 ND 96
Docket No.: 20210331
Filing Date: 5/12/2022
Case Type: Appeal - Criminal - Assault
Author: McEvers, Lisa K. Fair

Highlight: A party may not challenge as error a ruling or other trial proceeding invited by that party.

The “invited error doctrine” applies unless a constitutional error is structural, and defendant conceded any alleged error was not constitutional.

State v. Houle 2022 ND 96
Docket No.: 20210331
Filing Date: 5/12/2022
Case Type: Appeal - Criminal - Assault
Author: McEvers, Lisa K. Fair

State v. Oshiro (consolidated w/20210255 & 20210256) 2022 ND 95
Docket No.: 20210254
Filing Date: 5/12/2022
Case Type: Appeal - Criminal - Sexual Offense
Author: Tufte, Jerod E.

Highlight: A defendant’s release from prison renders his sentencing appeal moot if he is not subject to supervised release or probation after completing his prison term.

State v. Oshiro (consolidated w/20210255 & 20210256) 2022 ND 95
Docket No.: 20210254
Filing Date: 5/12/2022
Case Type: Appeal - Criminal - Sexual Offense
Author: Tufte, Jerod E.

City of West Fargo v. McAllister 2022 ND 94
Docket No.: 20210360
Filing Date: 5/12/2022
Case Type: Appeal - Civil - Other
Author: Jensen, Jon J.

Highlight: The primary purpose of statutory interpretation is to determine legislative intent.

Words in a statute are given their plain, ordinary, and commonly understood meaning, unless defined by statute or unless a contrary intention plainly appears.

The district court has discretion over evidentiary matters, including a decision to exclude the testimony of a witness.

City of West Fargo v. McAllister 2022 ND 94
Docket No.: 20210360
Filing Date: 5/12/2022
Case Type: Appeal - Civil - Other
Author: Jensen, Jon J.

State v. Ruiz Ledezma 2022 ND 93
Docket No.: 20210277
Filing Date: 5/12/2022
Case Type: Appeal - Criminal - Homicide
Author: Per Curiam

Highlight: A criminal judgment entered after a defendant pled guilty to criminal vehicular homicide is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).

State v. Ruiz Ledezma 2022 ND 93
Docket No.: 20210277
Filing Date: 5/12/2022
Case Type: Appeal - Criminal - Homicide
Author: Per Curiam

Matter of Rose Henderson Peterson Mineral Trust 2022 ND 92
Docket No.: 20210258
Filing Date: 9/15/2022
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Per Curiam

Highlight: Satisfaction of an independent undisputed portion of a judgment does not operate as a full waiver of the right to appeal.

Res judicata and the law of the case doctrine do not bar litigation of the same type of claim based on different facts.

Under N.D.C.C. § 58-18-08, a trustee may not be exculpated for breaches of trust committed in bad faith or with reckless indifference to the purposes of the trust.

Absent the requisite findings and analysis, review of a district court decision is not possible and remand is appropriate.

Matter of Rose Henderson Peterson Mineral Trust 2022 ND 92
Docket No.: 20210258
Filing Date: 5/12/2022
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Per Curiam

Eikom v. Eikom 2022 ND 91
Docket No.: 20210319
Filing Date: 5/12/2022
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: A district court’s decision to award parenting time to a noncustodial parent is based on the child’s best interests and not the wishes of the parents.

This Court may rely on implied findings of fact when the record enables it to understand factual determinations made by the district court.

Eikom v. Eikom 2022 ND 91
Docket No.: 20210319
Filing Date: 5/12/2022
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Dixon v. Dixon 2022 ND 90
Docket No.: 20210294
Filing Date: 4/28/2022
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Per Curiam

Highlight: District court order discharging trustee, closing the trust, and concluding supervised administration is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Dixon v. Dixon 2022 ND 90
Docket No.: 20210294
Filing Date: 4/28/2022
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Per Curiam

Matter of Emelia Hirsch Trust 2022 ND 89
Docket No.: 20210324
Filing Date: 4/28/2022
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: McEvers, Lisa K. Fair

Highlight: A district court pre-filing order against vexatious litigant under N.D. Sup. Ct. Admin. R. 58 is reviewed for an abuse of discretion.

A pre-filing order under N.D. Sup. Ct. R. 58 must be issued by the presiding judge of a judicial district, and the district court abuses its discretion if a pre-filing order is issued by any other judge.

Orders denying leave to file new motions or documents are not appealable.

If a court does not rule on a motion, it may be deemed denied.

An award of attorney’s fees and double costs on appeal is granted for frivolous arguments.

Matter of Emelia Hirsch Trust 2022 ND 89
Docket No.: 20210324
Filing Date: 4/28/2022
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: McEvers, Lisa K. Fair

Eckroth v. Eckroth, et al. 2022 ND 88
Docket No.: 20220007
Filing Date: 4/28/2022
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: An order denying a motion to modify primary residential responsibility and an order denying a motion for reconsideration are summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).

Eckroth v. Eckroth, et al. 2022 ND 88
Docket No.: 20220007
Filing Date: 4/28/2022
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Trenton Indian Housing Authority v. Poitra, et al. 2022 ND 87
Docket No.: 20210302
Filing Date: 4/28/2022
Case Type: Appeal - Civil - Landlord/Tenant
Author: Jensen, Jon J.

Highlight: This Court adopts the two-part review articulated by the United States Supreme Court in Alaska v. Native Village of Venetie Tribal Government, 522 U.S. 520 (1998) to determine whether land is a dependent Indian community and therefore Indian country.

The party challenging the state district court’s jurisdiction has the burden to prove the district court lacks jurisdiction.

A contractual provision, in itself, cannot establish subject matter jurisdiction with the tribal court.

Trenton Indian Housing Authority v. Poitra, et al. 2022 ND 87
Docket No.: 20210302
Filing Date: 4/28/2022
Case Type: Appeal - Civil - Landlord/Tenant
Author: Jensen, Jon J.