Opinions

A. R. Audit Services, Inc. v. Tuttle 2017 ND 68
Docket No.: 20160162
Filing Date: 3/30/2017
Case Type: Appeal - Civil - Debtor/Creditor
Author: VandeWalle, Gerald

Highlight: On review of a summary judgment, if reasonable persons could reach only one conclusion from the facts, issues of fact may become issues of law.

Gagnon v. Gagnon 2017 ND 67
Docket No.: 20160239
Filing Date: 3/30/2017
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: If the district court finds credible evidence of domestic violence exists, it is the predominate factor to be considered in a primary residential responsibility decision.

Myers v. State (cross-reference w/20150223) 2017 ND 66
Docket No.: 20160256
Filing Date: 3/30/2017
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Tufte, Jerod E.

Highlight: An applicant who inexcusably fails to raise all claims in a single postconviction relief proceeding misuses the postconviction relief process by filing a subsequent application raising issues that could have been raised in the earlier proceeding.

Roe v. State 2017 ND 65
Docket No.: 20160179
Filing Date: 3/20/2017
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Tufte, Jerod E.

Highlight: A victim's recantation does not by itself make her initial allegation of sexual abuse implausible or incredible, because she may have a variety of reasons to testify in apparent conflict with her prior statement.

Judicial Conduct Commission v. Hagar 2017 ND 64
Docket No.: 20160283
Filing Date: 3/30/2017
Case Type: Discipline - Judge - Original Proceeding
Author: Per Curiam

Highlight: A judge may be suspended without pay for violations of the Code of Judicial Conduct.

Thompson v. State (cross-reference w/20150157) 2017 ND 63
Docket No.: 20160320
Filing Date: 3/30/2017
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court order entered on remand denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Russell 2017 ND 62
Docket No.: 20160310
Filing Date: 3/30/2017
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Criminal judgments entered after a jury found defendant guilty of possession of a controlled substance and possession of drug paraphernalia are summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Matter of Wegley 2017 ND 61
Docket No.: 20160266
Filing Date: 3/30/2017
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

Highlight: A district court order continuing civil commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Evans v. State 2017 ND 59
Docket No.: 20160345
Filing Date: 3/15/2017
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Follman v. Follman 2017 ND 58
Docket No.: 20160246
Filing Date: 3/15/2017
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: A district court amended judgment awarding primary residential responsibility to the father and order denying a motion for continuance is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).