Opinions

Jacobs-Raak v. Raak 2016 ND 240
Docket No.: 20150360
Filing Date: 12/20/2016
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: When the parties agree to a division of property, the district court should explain its reasons for not dividing the property according to that agreement.
Whether payments are intended as "loans" or "gifts" is a question of fact which will not be reversed on appeal unless clearly erroneous.
Whether to award past child support and the starting date of the commencement of child support are discretionary and will not be overturned unless the court abuses its discretion.
The Supreme Court does not address issues raised for the first time in a reply brief.

Interest of R.F. (CONFIDENTIAL) 2016 ND 239
Docket No.: 20160389
Filing Date: 12/20/2016
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

Highlight: A district court order continuing R.F.'s hospitalization and involuntary treatment with medication is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Young, n/k/a Klein v. Young (cross-ref. w/20070293) 2016 ND 238
Docket No.: 20160206
Filing Date: 12/20/2016
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: District court order denying motion to change primary residential responsibility is summarily affirmed under N.D.R.App.P. 35.1(a)(2),(4), and (7).

State v. Ortiz 2016 ND 237
Docket No.: 20160221
Filing Date: 12/20/2016
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: A district court's denial of a request to withdraw a guilty plea is summarily affirmed under N.D.R.App.P. 35.1 (a)(4).

Schaffner v. Job Service North Dakota 2016 ND 236
Docket No.: 20160264
Filing Date: 12/20/2016
Case Type: Appeal - Administrative - Unemployment/Job Service
Author: Per Curiam

Highlight: District court judgment affirming Job Service's decision denying unemployment insurance benefits is summarily affirmed under N.D.R.App.P. 35.1 (a)(5) & (7).

State v. Williams 2016 ND 235
Docket No.: 20160171
Filing Date: 12/20/2016
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: A criminal judgment following a jury conviction for gross sexual imposition and burglary is summarily affirmed under N.D.R.App.P. 35.1 (a)(2), (3), and (7).

Fredericks v. Fredericks, et al. 2016 ND 234
Docket No.: 20150359
Filing Date: 12/9/2016
Case Type: Appeal - Civil - Real Property
Author: Sandstrom, Dale

Highlight: Once tribal land is converted into fee simple, the tribe loses plenary jurisdiction over it.
The party seeking reformation of a written instrument must establish by clear and convincing evidence that the document does not state the parties' intended agreement.
A purchaser who has notice of circumstances sufficient to put a prudent person upon inquiry and fails to do so cannot claim good-faith purchaser status and will be charged with constructive notice of all facts that the inquiry would have revealed.
A party who is not a good-faith purchaser cannot rely on the doctrines of equitable estoppel and laches.
Damages for breach of a warranty deed include attorney fees incurred in defending title.

CHS Inc. v. Riemers 2016 ND 233
Docket No.: 20160131
Filing Date: 12/8/2016
Case Type: Appeal - Civil - Other
Author: Per Curiam

Highlight: As modified for prejudgment interest, appeal from summary judgment summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (6).

State v. Karna 2016 ND 232
Docket No.: 20160156
Filing Date: 12/5/2016
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Sandstrom, Dale

Highlight: Information from an informant whose identity is easily ascertainable has a higher indicia of reliability than information obtained from an anonymous informant.

Schweitzer v. Mattingley 2016 ND 231
Docket No.: 20160090
Filing Date: 12/5/2016
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: A district court judge does not automatically lose the authority to proceed in a case upon the filing of a motion to recuse.
For purposes of child support, a district court may consider new or likely future circumstances in determining an obligor's income.