Opinions

Interest of B.A.C. (CONFIDENTIAL) 2017 ND 247
Docket No.: 20170314
Filing Date: 10/17/2017
Case Type: Appeal - Civil - Mental Health
Author: Tufte, Jerod E.

Highlight: Firearm restrictions under 18 U.S.C. 922(d)(4) and (g)(4) are a collateral consequence of involuntary commitment orders. Thus, the mootness doctrine does not apply.

State v. Campbell 2017 ND 246
Docket No.: 20160197
Filing Date: 10/17/2017
Case Type: Appeal - Criminal - Homicide
Author: VandeWalle, Gerald

Highlight: A district court's decisions relating to expert witness testimony will be affirmed absent an abuse of discretion.

Berry v. Berry 2017 ND 245
Docket No.: 20170085
Filing Date: 10/17/2017
Case Type: Appeal - Civil - Child Support
Author: Jensen, Jon J.

Highlight: A district court's decision whether to grant relief under N.D.R.Civ.P. 60(b) will not be overturned on appeal absent an abuse of discretion.
A district court's division of marital property is treated as a finding of fact subject to the clearly erroneous standard of review.

State v. Mayland 2017 ND 244
Docket No.: 20160453
Filing Date: 10/17/2017
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Jensen, Jon J.

Highlight: A defendant fails to preserve a jury instruction issue for appellate review when he stipulates to the exclusion of a jury instruction regarding prior convictions.
Under N.D.C.C. § 39-08-01, the crime of actual physical control may occur on private property, including a private driveway.

Estate of Eagon 2017 ND 243
Docket No.: 20170075
Filing Date: 10/17/2017
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: VandeWalle, Gerald

Highlight: A boilerplate will provision directing payment of "federal and state taxes" from estate assets is not a clear and unambiguous directive that federal estate taxes be apportioned differently from the method provided by the estate tax apportionment statute.
Property passes upon death, not upon distribution.
Attorney fees may be awarded to petitioners in a probate proceeding if it results in added value to the estate or it determines the proper distribution of estate assets.

Brew v. Brew 2017 ND 242
Docket No.: 20170073
Filing Date: 10/17/2017
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: The district court is required to equitably distribute marital property in a divorce proceeding, and a property division does not need to be equal to be equitable.
Under the child support guidelines, a district court averages a self-employed obligor's income over the most recent five years to determine income from self-employment.
The district court has discretion to award attorney's fees when one party's actions have unreasonably increased the time spent on a case.

WSI v. Questar Energy Services, Inc. 2017 ND 241
Docket No.: 20170059
Filing Date: 10/17/2017
Case Type: Appeal - Administrative - Workers Compensation
Author: Jensen, Jon J.

Highlight: A challenge to Workforce Safety and Insurance employee classifications is a mixed question of law and fact, requiring a review of whether the findings of fact is supported by a preponderance of the evidence and whether those findings support the applied classification.
An administrative law judge may properly exclude evidence of changes to employee classification codes that arose after the relevant audit time period.

Beach Railport, LLC v. Michels, et al. 2017 ND 240
Docket No.: 20160457
Filing Date: 10/17/2017
Case Type: Appeal - Civil - Real Property
Author: VandeWalle, Gerald

Highlight: District courts have wide judicial discretion in partition actions to do equity and to make a fair and just division of the property or proceeds between the parties, and great flexibility in fashioning appropriate relief for the parties.
A partition report of the referees, appointed under the statutes governing partition, is only a proposal for the district court's consideration. The court may confirm, change, modify, or set aside the report and, if necessary, may appoint new referees.
When a party makes a substantiated claim of factual or legal error in a referee partition report, due process protections and equitable concerns require the district court to hold a hearing to weigh the objections against the report and decide whether the report equitably divides the real property before confirming, changing, or modifying the report.

State v. Sahel 2017 ND 239
Docket No.: 20170178
Filing Date: 10/17/2017
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Criminal judgment entered after defendant pleaded guilty to gross sexual imposition and terrorizing is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7).

Clark v. State 2017 ND 238
Docket No.: 20170076
Filing Date: 10/17/2017
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Summary dismissal of application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(7).