Opinions

State v. Groce 2018 ND 46
Docket No.: 20170285
Filing Date: 2/22/2018
Case Type: Appeal - Criminal - Assault
Author: Crothers, Daniel John

Highlight: A district court's ruling on a motion to quash a subpoena under Rule 17(c)(2), N.D.R.Crim.P., is reviewed for abuse of discretion.

State v. Bruce 2018 ND 45
Docket No.: 20170226
Filing Date: 2/22/2018
Case Type: Appeal - Criminal - Homicide
Author: McEvers, Lisa K. Fair

Highlight: N.D. Const. art. I, § 25(4), specifically allows a parent to exercise a victim's rights under § 25(1) for a deceased child.
A district court has wide discretion in setting the amount of restitution, and the district court does not abuse its discretion by awarding restitution that is within the range of reasonableness.
The district court does not abuse its discretion by awarding restitution when a defendant may not currently possess the means to pay, but will be able to pay in the future.

State v. Newman 2018 ND 44
Docket No.: 20170306
Filing Date: 2/22/2018
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: A district court judgment entered after a jury found Newman guilty of unlawful possession of a firearm is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4).

State v. Decker 2018 ND 43
Docket No.: 20170080
Filing Date: 2/22/2018
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Crothers, Daniel John

Highlight: A violation of a defendant's Sixth Amendment right to a public trial may be too trivial to create structural error so long as the violation did not implicate ensuring a fair trial, reminding the prosecutor and judge of their responsibility to the accusing and the importance of their functions, encouraging witnesses to come forward, and discouraging perjury.
A jury's findings of fact will not be reweighed on appeal.

Interest of L.S. (CONFIDENTIAL)(consolidated w/ 20180007) 2018 ND 42
Docket No.: 20180006
Filing Date: 2/22/2018
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: A juvenile court's order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Flemming v. Flemming 2018 ND 41
Docket No.: 20170366
Filing Date: 2/22/2018
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: A district court's orders granting primary residential responsibility to the mother and denying the father's motion for new trial are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Nur v. State 2018 ND 40
Docket No.: 20170349
Filing Date: 2/22/2018
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Order denying defendant's application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (6).

Tarabochia v. WSI 2018 ND 39
Docket No.: 20170295
Filing Date: 2/22/2018
Case Type: Appeal - Administrative - Workers Compensation
Author: Per Curiam

Highlight: A district court judgment affirming an administrative law judge's order, which affirmed Workforce Safety and Insurance's order that claimant was not entitled to disability benefits for wage loss, is summarily affirmed under N.D.R.App.P. 35.1(a)(5).

State v. Coleman 2018 ND 38
Docket No.: 20170315
Filing Date: 2/22/2018
Case Type: Appeal - Criminal - Assault
Author: Per Curiam

Highlight: Criminal judgment entered after a jury found defendant guilty of aggravated assault-domestic violence is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4).

Vacancy in Judgeship No. 4, SCJD 2018 ND 37
Docket No.: 20180025
Filing Date: 2/14/2018
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judgeship retained at Bismarck.