Opinions

Interest of A.F.L. (CONFIDENTIAL) 2017 ND 164
Docket No.: 20170203
Filing Date: 7/12/2017
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

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

Abell v. GADECO, LLC 2017 ND 163
Docket No.: 20160346
Filing Date: 7/6/2017
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: VandeWalle, Gerald

Highlight: Drilling operations commence when (1) work is done preparatory to drilling, (2) the driller has the capability to do the actual drilling, and (3) there is a good faith intent to complete the well. It is not necessary that the drill bit actually penetrate the ground.

Estate of Johnson (cross ref w/20140173 & 20160020) 2017 ND 162
Docket No.: 20160374
Filing Date: 7/6/2017
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Tufte, Jerod E.

Highlight: Under the law of the case doctrine, a party cannot on a second appeal relitigate issues which were resolved by the Supreme Court in the first appeal or which would have been resolved had they been properly presented in the first appeal.
Payment of personal representative and attorney's fees are reviewed under an abuse of discretion standard.

Disciplinary Board v. Foster (Consolidated w/20170151) 2017 ND 161
Docket No.: 20170150
Filing Date: 6/29/2017
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer Disbarred.

State v. Hutchinson (consolidated w/20170002) 2017 ND 160
Docket No.: 20170001
Filing Date: 6/29/2017
Case Type: Appeal - Criminal - Sexual Offense
Author: Kapsner, Carol

Highlight: An order denying the State's motion for correction of an illegal sentence under Rule 35(a), N.D.R.Crim.P., is appealable under N.D.C.C. § 29-28-01(4), as it affects a substantial right.
The term "illegal sentence" as used in Rule 35(a)(1), N.D.R.Crim.P., applies to a sentence that the judgment of conviction does not authorize.
A district court's decision on a motion to correct an illegal sentence is subject to review for abuse of discretion.

O'Hara v. Schneider 2017 ND 159
Docket No.: 20160318
Filing Date: 6/29/2017
Case Type: Appeal - Civil - Child Support
Author: Tufte, Jerod E.

Highlight: Where the initial order establishing primary residential responsibility or parenting time included consideration of a pattern of domestic violence, a new domestic violence act by the same parent satisfies the "material change" prong as a matter of law.
When the original order establishing primary residential responsibility or parenting time is based on a stipulated agreement, district courts retain limited discretion to decide whether to consider relevant pre-custody evidence only if the previous judge issued court-made findings on such evidence.
In cases in which a party alleges domestic violence, the analysis requires consideration of the domestic violence factor under either N.D.C.C. § 14-09-06.2(1)(j) or N.D.C.C. § 14-09-29, depending on whether the case involves residential responsibility or parenting time, before turning to the additional best interests factors under § 14-09-06.2.
Any domestic violence negatively impacts the best interests of the children, regardless of whether the domestic violence was between the parents rather than directed at the children.

Spirit Property Management v. Vondell, et al. 2017 ND 158
Docket No.: 20160247
Filing Date: 6/29/2017
Case Type: Appeal - Civil - Landlord/Tenant
Author: Crothers, Daniel John

Highlight: Eviction actions are designed as summary proceedings.
In an eviction action, the defendant may show the character of the possessory rights claimed by the parties, but the right to the possession of the real estate is the only fact that can be rightfully litigated unless damages or rent is claimed.
A district court must have both subject matter and personal jurisdiction to enter a valid order or judgment.

State v. Bell 2017 ND 157
Docket No.: 20170046
Filing Date: 6/29/2017
Case Type: Appeal - Criminal - Drugs/Contraband
Author: VandeWalle, Gerald

Highlight: A defendant's Fourth Amendment rights were not violated because the defendant was not detained.
We refuse to assume a defendant felt he or she was not free to leave after law enforcement complete a traffic stop.

State v. Hedstrom 2017 ND 156
Docket No.: 20170006
Filing Date: 6/29/2017
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Tufte, Jerod E.

Highlight: Whether a private individual acted either as an agent of the government or with the participation or knowledge of any governmental official turns on whether the government official directly or indirectly supervised or encouraged the search.
The primary rationale for the restriction on nighttime search warrants is to prevent individuals in the home from being subjected to the trauma of a nighttime search.

Peterson v. Schulz 2017 ND 155
Docket No.: 20160377
Filing Date: 6/29/2017
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: Most non-appealable intermediate orders may be reviewed on appeal from a final judgment. In domestic relations cases, the requirements of N.D.R.Ct. 8.2 must be complied with before a party's request for affirmative relief may be granted in an ex parte interim order. Attorney's fees may be awarded as a remedial sanction for contempt.