Opinions

State, et al. v. Peltier 2018 ND 170
Docket No.: 20170463
Filing Date: 7/11/2018
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: A state court has subject matter jurisdiction to decide an Indian father's child support obligation if the action does not infringe on the right of Indian tribes to govern themselves.

State v. Jorgenson 2018 ND 169
Docket No.: 20180079
Filing Date: 7/11/2018
Case Type: Appeal - Criminal - Theft
Author: Tufte, Jerod E.

Highlight: Orders approving pretrial diversion and orders of restitution are not appealable under N.D.C.C. § 29-28-06.
A pretrial diversion agreement pursuant to N.D.R.Crim.P. 32.2(a) cannot require restitution to be determined by the district court.

City of Bismarck v. Schaffner 2018 ND 168
Docket No.: 20180030
Filing Date: 7/11/2018
Case Type: Appeal - Criminal - Sexual Offense
Author: Tufte, Jerod E.

Highlight: Entry of a not guilty plea in a criminal bench trial does not preserve the issue of whether city and state laws conflict.

State v. Vanberkom 2018 ND 167
Docket No.: 20180021
Filing Date: 7/11/2018
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Tufte, Jerod E.

Highlight: Double jeopardy does not attach when a defendant is assessed an administrative penalty for violation of N.D.C.C. § 39-09-01.1 ("Care required in operating vehicle") and prosecuted for reckless driving under N.D.C.C. § 39-08-03.

State v. Beltran 2018 ND 166
Docket No.: 20180041
Filing Date: 7/11/2018
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Jensen, Jon J.

Highlight: A district court does not err by instructing a jury on the crime of refusal to submit to a chemical test when there is evidence presented indicating the defendant refused to submit to a breath test.
A party challenging the exclusion of evidence must provide an offer of proof to preserve the issue on appeal.
A district court does not abuse its discretion in denying a defendant's proposed stipulation to his driver's license being under suspension.

Interest of J.J.T. (CONFIDENTIAL) 2018 ND 165
Docket No.: 20180136
Filing Date: 7/11/2018
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Jensen, Jon J.

Highlight: A parent's delay and obstruction of the legal process may constitute the functional equivalent of a voluntary, knowing, and intelligent waiver of the right to counsel in a proceeding to terminate parental rights.

Siana Oil & Gas Co., LLC v. Dublin Co., et al. (consolidated w/20180010) 2018 ND 164
Docket No.: 20180009
Filing Date: 7/11/2018
Case Type: Appeal - Civil - Real Property
Author: Jensen, Jon J.

Highlight: A county's tax deed gives it title or color of title to the whole estate in the land including the royalty interests.
A tax deed, valid upon its face, creates a presumptive title to the entire estate in the land which continues until it has been overcome by the affirmative action in court, by suit or counterclaim on the part of a person who has a sufficient interest to challenge the title.
Royalty interests cannot be "possessed" for purposes of the statute of limitations or adverse possession.<r> Laches is generally a question of fact.

Odom v. State 2018 ND 163
Docket No.: 20180089
Filing Date: 7/11/2018
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Order denying petitioner's application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

State v. Everett, Jr. 2018 ND 162
Docket No.: 20170367
Filing Date: 7/11/2018
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Criminal judgment for gross sexual imposition, and order denying motion for a new trial summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4).

Butts v. State 2018 ND 161
Docket No.: 20180002
Filing Date: 7/11/2018
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Order denying application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).