Opinions

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).

Guardianship/Conservatorship of M.J.K. 2018 ND 235
Docket No.: 20180058
Filing Date: 11/6/2018
Case Type: Appeal - Civil - Guardian/Conservator
Author: Per Curiam

Highlight: District Court’s finding that the ward fails to make a prima facie case to terminate guardianship is summarily affirmed under N.D.App.P. 35.1(a)(2) and (7).

Constitutional issues not pursued in the district court cannot be raised for the first time on appeal.

McGath v. Waide 2018 ND 234
Docket No.: 20180159
Filing Date: 11/6/2018
Case Type: Appeal - Civil - Other
Author: Per Curiam

Highlight: A district court disorderly conduct restraining order is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Prairie Winds Apartments 1, LLC v. Stark County Board of Commissioners (cons 2018 ND 233
Docket No.: 20180149
Filing Date: 11/6/2018
Case Type: Appeal - Civil - Administrative Proceeding
Author: Per Curiam

Highlight: To properly appeal a board of county commissioners’ decision relating to tax matters, a landowner must file a notice of appeal on a board member and the state tax commissioner within thirty days of the board’s decision.

Vacancy in Judgeship No. 2, East Central Judicial District 2018 ND 232
Docket No.: 20180334
Filing Date: 10/18/2018
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Knapp v. Commissioner of Minnesota Department of Revenue, et al. 2018 ND 231
Docket No.: 20180013
Filing Date: 10/15/2018
Case Type: Appeal - Civil - Other
Author: VandeWalle, Gerald

Highlight: A court may issue a writ of prohibition to prevent an inferior tribunal from acting without or in excess of jurisdiction when there is no plain, speedy, and adequate remedy in the ordinary course of law.