Opinions

Rath v. Rath (cross ref w/ 20130025, 20130184, 20130327, 20140012, 20140291, 2017 ND 128
Docket No.: 20160222
Filing Date: 5/19/2017
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: Although reviewable on appeal from a final judgment, orders denying demands for change of judge are interlocutory and not appealable.
A district court's contempt decision will only be disturbed on appeal if the court abused its discretion.
A denial of a motion for reconsideration will not be reversed on appeal absent a manifest abuse of discretion.<Br>

Sorenson, et al. v. Bakken Investments, LLC, et al. 2017 ND 127
Docket No.: 20160319
Filing Date: 5/18/2017
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Tufte, Jerod E.

Highlight: Only a person having an interest in, or claiming an interest in, real property may challenge a court's rulings in a quiet title action.

State v. Ayala 2017 ND 126
Docket No.: 20160369
Filing Date: 5/16/2017
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Tufte, Jerod E.

Highlight: Section 39-20-01, N.D.C.C., requires law enforcement officers to convey the implied-consent advisory in an objectively reasonable way calculated to be comprehensible to the driver.

Johnson v. Johnson 2017 ND 125
Docket No.: 20170010
Filing Date: 5/16/2017
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: A party cannot rely on the other party's request for an oral argument to guarantee himself or herself an oral argument.
In allotting the tax exemptions of children to the parties it may be prudent to place the exemptions in the hands of the party who will benefit most, but the district court is not required to do so.

State v. Hall 2017 ND 124
Docket No.: 20160240
Filing Date: 5/16/2017
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Kapsner, Carol

Highlight: A four-factor balancing test is used to evaluate the validity of a speedy trial claim: length of the delay, reason for the delay, proper assertion of the right, and actual prejudice to the accused.
A sniff by a drug detection dog is not a Fourth Amendment search.
A brief detention of luggage for purposes of conducting a dog sniff is a limited intrusion that requires only reasonable suspicion.
Whether an officer had a reasonable and articulable suspicion is a fact-specific inquiry that is evaluated under an objective standard considering the totality of the circumstances. Whether probable cause exists to issue a search warrant is a question of law, and on appeal, the sufficiency of information before the magistrate is reviewed based on the totality of the circumstances.

Interest of F.M.G. (Confidential) 2017 ND 123
Docket No.: 20170136
Filing Date: 5/16/2017
Case Type: Appeal - Civil - Mental Health
Author: McEvers, Lisa K. Fair

Highlight: Section 25-03.1-18.1(1)(a), N.D.C.C., does not require both treating and non-treating physicians to testify at a medication hearing addressing a request to involuntarily treat with medication.
A party may not raise an issue or contention that was not previously raised or considered before the district court for the first time on appeal.

Allmon v. Allmon 2017 ND 122
Docket No.: 20160324
Filing Date: 5/16/2017
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: While a long-term marriage generally supports an equal division of property, a court may unequally divide property in a short-term marriage and award the parties what each brought into the marriage.
If the district court fails to comply with the child support guidelines in determining an obligor's child support obligation, the court errs as a matter of law.

Guardianship and Conservatorship of M.E. (cross-reference w/20150117) 2017 ND 121
Docket No.: 20160327
Filing Date: 5/16/2017
Case Type: Appeal - Civil - Guardian/Conservator
Author: Crothers, Daniel John

Highlight: A party petitioning for termination of a guardianship must make a prima facie showing that the ward is no longer incapacitated, and if a prima facie case is established, the guardian has the burden to prove by clear and convincing evidence that the ward remains an incapacitated person.

Cossette, et al. v. Cass County Joint Water Resource District 2017 ND 120
Docket No.: 20160311
Filing Date: 5/16/2017
Case Type: Appeal - Civil - Real Property
Author: Crothers, Daniel John

Highlight: An action for equitable relief generally cannot be combined with a statutory appeal seeking a review of a local governing body's decision.
An aggrieved party is one whose personal, pecuniary, or property rights have been adversely affected by a local governing body's decision.

Keller v. Keller 2017 ND 119
Docket No.: 20160334
Filing Date: 5/16/2017
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: If a person claims to have been engaged in constitutionally protected activity, the district court must determine the claim as a matter of law and exclude evidence of the constitutionally protected activity if found valid.
Possessing a firearm for self-defense purposes on one's private property is a constitutional right.