Opinions

Rath v. Rath (cross ref w/ 20130025, 20130184, 20130327, 20140012, 20140291, 2017 ND 138
Docket No.: 20160338
Filing Date: 6/7/2017
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: A party is not entitled to demand a change of judge if the judge sought to be disqualified has ruled upon a matter pertaining to the action.
A request to amend the child support guidelines should be made to the Legislature or Department of Human Services.

Matter of L.Z.N. 2017 ND 137
Docket No.: 20160373
Filing Date: 6/7/2017
Case Type: Appeal - Civil - Other
Author: VandeWalle, Gerald

Highlight: It was proper for the district court to look at the social stigma associated with sex offenders in determining the best interest of a child in a name change petition.
Due process only requires the district court to give a prisoner an avenue to appear for the proceeding; it has no duty to ensure the prisoner's presence.

Thompson v. Lithia ND Acquisition Corp. #1 2017 ND 136
Docket No.: 20160280
Filing Date: 6/7/2017
Case Type: Appeal - Civil - Other
Author: VandeWalle, Gerald

Highlight: The Federal Arbitration Act does not preempt all state arbitration law. A party alleging an arbitration agreement is unconscionable must demonstrate some quantum of both procedural and substantive unconscionability.
A party's failure to clearly object to a defect in arbitration proceedings prior to or during arbitration may constitute a waiver of the objection.

City of Grand Forks v. Reilly 2017 ND 135
Docket No.: 20160323
Filing Date: 6/7/2017
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Crothers, Daniel John

Highlight: Not all communications between law enforcement and citizens implicate the Fourth Amendment.
A seizure occurs when an officer, by means of physical force or show of authority, has in some way restrained the liberty of a citizen.
An officer running to get ahead of a person, without any threatening or coercive conduct, does not constitute a show of authority escalating a casual encounter into a seizure.
The presence of two officers, in and of itself, does not constitute a show of authority escalating a casual encounter into a seizure.

State v. Shick 2017 ND 134
Docket No.: 20160298
Filing Date: 6/7/2017
Case Type: Appeal - Criminal - Drugs/Contraband
Author: McEvers, Lisa K. Fair

Highlight: When a party objects to the State's admission of evidence with a pretrial motion in limine, the party must renew their objection at trial in order to give the district court an opportunity to rule on the issue in the trial context. A party's failure to renew their objection at trial acts as a waiver of the claim of error.
The district court may permit the State to amend an information at any time before the verdict or finding unless an additional or different offense is charged or a substantial right of the defendant is prejudiced.

Marman v. Levi 2017 ND 133
Docket No.: 20160217
Filing Date: 6/7/2017
Case Type: Appeal - Administrative - Department of Transportation
Author: VandeWalle, Gerald

Highlight: The odor of an alcoholic beverage, poor balance, and open containers of alcohol may permit an officer to reasonably formulate an opinion the body of a driver in a single-car crash contains alcohol.

Hageness, et al. v. Davis, et al. 2017 ND 132
Docket No.: 20160167
Filing Date: 6/7/2017
Case Type: Appeal - Civil - Real Property
Author: VandeWalle, Gerald

Highlight: A party is barred from bringing an action for the recovery or possession of real property, unless the party was seized or possessed of the property within twenty years before bringing the action.
The statutory twenty-year period is measured back from the commencement of the action.

State v. Raphael 2017 ND 131
Docket No.: 20160447
Filing Date: 6/7/2017
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

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

Junas v. N.D. Dep't of Transportation 2017 ND 130
Docket No.: 20160440
Filing Date: 6/7/2017
Case Type: Appeal - Administrative - Department of Transportation
Author: Per Curiam

Highlight: Suspension of driving privileges summarily affirmed under N.D.R.App.P. 35.1(a)(5) and (7), Beylund v. Levi, 2017 ND 30, 889 N.W.2d 907, and Barrios-Flores v. Levi, 2017 ND 117.

State v. Smith 2017 ND 129
Docket No.: 20170022
Filing Date: 6/7/2017
Case Type: Appeal - Criminal - Assault
Author: Per Curiam

Highlight: Criminal judgment entered after district court found a defendant guilty of aggravated assault - domestic violence is summarily affirmed under N.D.R.App.p. 35.1(a)(3).