Opinions

Jones v. Levi 2016 ND 245
Docket No.: 20160216
Filing Date: 12/20/2016
Case Type: Appeal - Administrative - Department of Transportation
Author: Crothers, Daniel John

Highlight: The basis for a district court decision reversing an administrative agency order must have been properly raised by a party at the administrative level.

Nesheim v. Nesheim 2016 ND 244
Docket No.: 20160159
Filing Date: 12/20/2016
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Interest of E.G.U. (Consolidated w/20160356)(Confidential) 2016 ND 243
Docket No.: 20160355
Filing Date: 12/20/2016
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: A juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).

Matter of Hehn (cross-reference 20070167, 20110053, 20120070, (continued) 2016 ND 242
Docket No.: 20160213
Filing Date: 12/20/2016
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) and (4).

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).