Opinions

Glass v. Glass 2017 ND 17
Docket No.: 20160112
Filing Date: 2/16/2017
Case Type: Appeal - Civil - Divorce - Property
Author: VandeWalle, Gerald

Highlight: Before N.D.C.C. § 14-05-24.1 was amended effective August 1, 2015, remarriage created a prima facie case to terminate permanent spousal support unless extraordinary circumstances existed to justify its continuance. The decision as to whether spousal support terminated, and if so, when, lied within the district court's discretion.

Sadek v. N.D. Dep't of Transportation 2017 ND 16
Docket No.: 20160328
Filing Date: 2/16/2017
Case Type: Appeal - Administrative - Department of Transportation
Author: Per Curiam

Highlight: Appeal from judgment reversing Department of Transportation decision revoking driving privileges is summarily reversed under Dettler v. Sprynczynatyk, 2004 ND 54, 675 N.W.2d 799, and N.D.R.App.P. 35.1(b).

State v. Gibson 2017 ND 15
Docket No.: 20160201
Filing Date: 2/16/2017
Case Type: Appeal - Criminal - Sexual Offense
Author: Tufte, Jerod E.

Highlight: Under N.D.C.C. § 29-19-02, a defendant "elects" his right to a speedy trial when the district court and the prosecutor receive the party's request.

Norberg, et al. v. Norberg 2017 ND 14
Docket No.: 20160098
Filing Date: 2/16/2017
Case Type: Appeal - Civil - Malpractice
Author: Sandstrom, Dale

Highlight: Collateral estoppel means issue preclusion, and issues can be either legal or factual.
The Sixth Amendment's right to jury trial does not prohibit applying collateral estoppel when the earlier issue was decided without a jury.

Matter of C.D.G.E. (Confidential) 2017 ND 13
Docket No.: 20160150
Filing Date: 2/16/2017
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Tufte, Jerod E.

Highlight: A district court does not abuse its discretion in denying a parental-termination petition unless the petitioner establishes that denying the petition would seriously affect the child's welfare.

Chatman v. State 2017 ND 12
Docket No.: 20160295
Filing Date: 2/16/2017
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Appeal from summary denial of application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6).

Shelton v. Shelton 2017 ND 11
Docket No.: 20160126
Filing Date: 2/6/2017
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: A district court's award of joint residential responsibility is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Louser, et al. 2017 ND 10
Docket No.: 20170023
Filing Date: 1/27/2017
Case Type: Original Proceeding - Criminal - Writ of Supervision
Author: Per Curiam

Highlight: Supervision granted.

Ashley v. State 2017 ND 9
Docket No.: 20160238
Filing Date: 1/26/2017
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court's denial of a motion for post-conviction relief is summarily affirmed under N.D.R.App. P. 35.1 (a)(1).

Interest of Carter (cross-reference w/20100180) 2017 ND 8
Docket No.: 20160236
Filing Date: 1/26/2017
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

Highlight: A district court order denying discharge from civil commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2).