Opinions

State v. Evans 2018 ND 7
Docket No.: 20170274
Filing Date: 1/22/2018
Case Type: Appeal - Criminal - Assault
Author: Per Curiam

Highlight: A district court's order denying a calculation of credit for time served is summarily affirmed under N.D.R.App.P. 35.1(a)(7).
A defendant is only entitled to credit for time served from incarceration as a direct result of the immediate charge and not for time served as a result of probation revocation

Interest of Z.B. (Confidential) 2018 ND 6
Docket No.: 20170395
Filing Date: 1/22/2018
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: An appeal from a juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Jose v. Jose 2018 ND 5
Docket No.: 20170193
Filing Date: 1/22/2018
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: A district court amended judgment awarding primary residential responsibility to the father is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Tucker 2018 ND 4
Docket No.: 20170278
Filing Date: 1/22/2018
Case Type: Appeal - Criminal - Theft
Author: Per Curiam

Highlight: Criminal judgment for robbery is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

City of Bismarck v. Wells 2018 ND 3
Docket No.: 20170173
Filing Date: 1/22/2018
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: A criminal judgment for actual physical control of a motor vehicle while under the influence of an intoxicating liquor entered following denial of a motion to suppress evidence is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Saucedo v. State 2018 ND 2
Docket No.: 20170224
Filing Date: 1/22/2018
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).

Matter of Emelia Hirsch Trust 2017 ND 291
Docket No.: 20170195
Filing Date: 12/13/2017
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Tufte, Jerod E.

Highlight: District court pre-filing order against vexatious litigant under N.D. Sup. Ct. Admin. R. 58 reviewed for an abuse of discretion.

Atkins v. State 2017 ND 290
Docket No.: 20170249
Filing Date: 12/11/2017
Case Type: Appeal - Civil - Post-Conviction Relief
Author: VandeWalle, Gerald

Highlight: Once the State moves for summary disposition of application for post-conviction relief alleging ineffective assistance of counsel, pointing out the absence of supporting evidence, the defendant is put on notice of the issue and a minimal burden shifts to the defendant to provide some competent evidence to support his claim. Scheduling an evidentiary hearing does not relieve the petitioner of the burden of producing competent, admissible evidence raising an issue of material fact.

Interest of K.S.D. (CONFIDENTIAL) (consolidated with 20170273) 2017 ND 289
Docket No.: 20170272
Filing Date: 12/7/2017
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Louser, Stacy Joan

Highlight: A juvenile court's decision to terminate parental rights in an ICWA case must be supported by evidence beyond a reasonable doubt, including qualified expert testimony, on whether the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child.

Osborne v. Brown & Saenger, Inc. 2017 ND 288
Docket No.: 20170254
Filing Date: 12/7/2017
Case Type: Appeal - Civil - Employer/Employee Dispute
Author: Tufte, Jerod E.

Highlight: The standard of review of a district court's granting of a Rule 12(b)(3) motion to dismiss on the basis of a forum selection clause is de novo.
North Dakota has a strong public policy against non-competition agreements, causing the non-compete clause and forum-selection clause to be rendered unenforceable in an employment contract.