Opinions

Barna, Guzy & Steffen, Ltd. v. Johnson, et al. 2018 ND 205
Docket No.: 20170340
Filing Date: 8/28/2018
Case Type: Appeal - Civil - Foreclosure
Author: McEvers, Lisa K. Fair

Highlight: Conclusory allegations in a brief, without citation to any evidence in the record to support the contentions, are insufficient to raise a genuine issue of material fact to defeat summary judgment or to show the district court abused its discretion in denying a motion for relief from judgment.

Courts do not apply statutes or rules differently when parties are self-represented.

Several contracts relating to the same matter between the same parties and made a part of substantially one transaction must be construed together

Tornabeni v. Creech, et al. 2018 ND 204
Docket No.: 20180016
Filing Date: 8/28/2018
Case Type: Appeal - Civil - Other
Author: Jensen, Jon J.

State v. Finneman 2018 ND 203
Docket No.: 20170400
Filing Date: 8/28/2018
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Crothers, Daniel John

Highlight: The procedure for transitioning from a charged greater offense to a lesser included offense requires an acquittal for the greater offense before consideration of the lesser included offense.

If an accused establishes a forfeited obvious error affects substantial rights, an appellate court has discretion to correct the error and should correct it if it seriously affects the fairness, integrity or public reputation of the judicial proceeding.

Gustafson v. Poitra, et al. 2018 ND 202
Docket No.: 20170423
Filing Date: 8/28/2018
Case Type: Appeal - Civil - Real Property
Author: McEvers, Lisa K. Fair

Highlight: An express determination on subject matter jurisdiction in a prior action can be given res judicata effect.

The inherent sovereign powers of an Indian tribe generally do not extend to activities of nonmembers on non-Indian fee land, but a tribe may regulate through taxation, licensing, or other means, the activities of nonmembers who enter consensual relationships with the tribe or its members, through commercial dealings, contracts, leases or other arrangements, and a tribe may also exercise civil authority over the conduct of non-Indians on fee lands within the reservation when the conduct threatens or has some direct effect on the political integrity, the economic security, or the health or welfare of the tribe.

Interest of D.D. (CONFIDENTIAL) 2018 ND 201
Docket No.: 20180207
Filing Date: 8/28/2018
Case Type: Appeal - Civil - Mental Health
Author: Tufte, Jerod E.

Interest of J.B. (CONFIDENTIAL) 2018 ND 200
Docket No.: 20170460
Filing Date: 8/28/2018
Case Type: Appeal - Civil - Juvenile Law
Author: Tufte, Jerod E.

Knudson v. Knudson 2018 ND 199
Docket No.: 20170435
Filing Date: 8/28/2018
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: In a divorce action, the district court must consider the needs of the spouse requesting spousal support and the ability of the other spouse to pay.

The definition of “gross income” in the child support guidelines is very broad and is intended to include any form of payment to an obligor which is not specifically excluded under the guidelines.

An oil and gas lease bonus is self-employment income for purposes of the child support guidelines.

State v. Pickens 2018 ND 198
Docket No.: 20170405
Filing Date: 8/28/2018
Case Type: Appeal - Criminal - Sexual Offense
Author: Tufte, Jerod E.

State v. Simon (consol. w/ 20170404) 2018 ND 197
Docket No.: 20170374
Filing Date: 8/28/2018
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Tufte, Jerod E.

State v. Corona 2018 ND 196
Docket No.: 20180077
Filing Date: 8/28/2018
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Tufte, Jerod E.