Opinions

Thompson v. Thompson 2018 ND 21
Docket No.: 20170063
Filing Date: 1/22/2018
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: Split residential responsibility is not preferred, but it is not expressly prohibited.
If the court finds by clear and convincing evidence that a child is of sufficient maturity to make a sound judgment, the court may give substantial weight to the preference of the mature child. This Court will not reweigh the evidence nor reassess the credibility of witnesses.
A district court's determination on spousal support will not be set aside for failure to explicitly state the basis for its findings if that basis can be reasonably inferred from the record.

State v. Montgomery 2018 ND 20
Docket No.: 20170192
Filing Date: 1/22/2018
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Crothers, Daniel John

Highlight: Voluntary consent to a warrantless blood test is determined by examining the totality of the circumstances, for which the State bears the burden of proof.
A district court's decision on a motion to suppress will not be reversed if there is sufficient competent evidence fairly capable of supporting the trial court's findings and the decision is not contrary to the manifest weight of the evidence.

Campbell v. Thompson 2018 ND 19
Docket No.: 20170184
Filing Date: 1/22/2018
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: Under the North Dakota Rules of Civil Procedure, the exclusive means for opening a default judgment is through a motion to vacate the judgment. On a direct appeal from a default judgment granted under N.D.R.Civ.P. 55, the standard of review is limited to whether "irregularities appear on the face of the judgment roll."

State v. Adams 2018 ND 18
Docket No.: 20170163
Filing Date: 1/22/2018
Case Type: Appeal - Criminal - Drugs/Contraband
Author: McEvers, Lisa K. Fair

Highlight: When an individual does not own the vehicle, does not assert ownership of a container within the vehicle, does not provide evidence establishing possessory interest in the container, and there are no identifying markings on the container or the contents within, the individual has no reasonable expectation of privacy in the container located in the vehicle.
A district court's decision at a preliminary hearing that probable cause existed to bind a defendant over for trial is rendered moot once the trial is held, and the defendant may not, on appeal, challenge the decision that probable cause existed.

State v. Holkesvig (consolidated with 20170267) 2018 ND 17
Docket No.: 20170266
Filing Date: 1/22/2018
Case Type: Appeal - Criminal - Other
Author: McEvers, Lisa K. Fair

Highlight: A district court order denying a defendant leave of court to file a postconviction application is not appealable.

Matter of Gomez 2018 ND 16
Docket No.: 20170159
Filing Date: 1/22/2018
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Jensen, Jon J.

Highlight: An expert appointed for or retained by a respondent in a sexually dangerous individual commitment proceeding is subject to the same discovery rules as other experts.
A party may waive an objection to the discoverability of an expert opinion by failing to object during discovery.

State v. Rivera (consolidated w/20170235) 2018 ND 15
Docket No.: 20170234
Filing Date: 1/22/2018
Case Type: Appeal - Criminal - Sexual Offense
Author: Tufte, Jerod E.

Highlight: Class A misdemeanors involving different crimes committed against different victims on different dates can be consecutively sentenced under N.D.C.C. § 12.1-32-11(3).

Glass v. Glass 2018 ND 14
Docket No.: 20170283
Filing Date: 1/22/2018
Case Type: Appeal - Civil - Divorce - Property
Author: Tufte, Jerod E.

Highlight: Where an order terminating spousal support and an amended judgment and decree conflict, the amended judgment and decree controls.
The law of the case doctrine bars an appeal where the argument could have been brought in the first appeal.

Williams v. Williams 2018 ND 13
Docket No.: 20170152
Filing Date: 1/22/2018
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.

Highlight: If a district court issues a disorderly conduct restraining order without addressing constitutional claims, the court generally commits a reversible error unless the Supreme Court can say with certainty the court would have issued the restraining order based solely upon the uncontested conduct.

State v. Kostelecky 2018 ND 12
Docket No.: 20170291
Filing Date: 1/22/2018
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Jensen, Jon J.

Highlight: Article I, § 25(1)(n), N.D. Const., does not require restitution beyond what is necessary to make the victim whole.
A district court abuses its discretion if it fails to consider the facts presented to it when ordering restitution.