Opinions

State v. Horning 2016 ND 10
Docket No.: 20150148
Filing Date: 1/14/2016
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Crothers, Daniel John

Highlight: The State may move for civil forfeiture of property within a criminal case.
The State may appeal a district court order denying civil forfeiture.
Civil forfeiture is not dependent upon conviction in a criminal case.

State v. 1998 Jeep Grand Cherokee, et al. (cross-ref. w/20140444) 2016 ND 9
Docket No.: 20150270
Filing Date: 1/14/2016
Case Type: Appeal - Civil - Other
Author: McEvers, Lisa K. Fair

Highlight: A district court abuses its discretion when it does not follow the procedural requirement of providing notice before amending an order or judgment to correct a clerical error.
A motion to amend a judgment or order to correct a clerical error cannot be used to make substantive changes to the judgment or order.
The dismissal of an appeal makes a judgment final and res judicata of all issues therein.

State v. Ballard 2016 ND 8
Docket No.: 20140333
Filing Date: 1/14/2016
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Crothers, Daniel John

Highlight: Suspicionless search of an unsupervised probationer's home is unreasonable under the Fourth Amendment of the United States Constitution.

State v. Russell 2016 ND 7
Docket No.: 20150205
Filing Date: 1/14/2016
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Amended criminal judgment revoking defendant's probation and sentencing him to prison is summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (3).

Sturre v. Levi 2016 ND 6
Docket No.: 20150242
Filing Date: 1/14/2016
Case Type: Appeal - Administrative - Department of Transportation
Author: Sandstrom, Dale

Highlight: Judgment affirming the Department of Transportation hearing officer's decision to suspend driving privileges for 180 days is summarily affirmed under N.D.R.App.P. 35.1(a)(5) and (7).

Myers v. State 2016 ND 5
Docket No.: 20150223
Filing Date: 1/14/2016
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Denial of application for post-conviction relief is summarily reversed under N.D.R.App.P. 35.1(b).

State v. Suelzle 2016 ND 4
Docket No.: 20150004
Filing Date: 1/14/2016
Case Type: Appeal - Criminal - Assault
Author: Per Curiam

Highlight: Criminal judgment for aggravated assault, aggravated reckless driving, reckless endangerment, leaving the scene of an accident involving serious personal injury, leaving the scene of an accident involving an unattended vehicle and leaving the scene of an accident involving an attended vehicle is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Johnson v. State 2016 ND 3
Docket No.: 20150130
Filing Date: 1/14/2016
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Denial of an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).

Vacancy in Judgeship No. 1, NEJD 2016 ND 2
Docket No.: 20150353
Filing Date: 1/12/2016
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judgeship retained at Devils Lake.

Stock v. Stock 2016 ND 1
Docket No.: 20150011
Filing Date: 1/6/2016
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: It is not clearly erroneous for a court to award permanent spousal support instead of rehabilitative spousal support where the circumstances warrant both awards.
The amount of a spousal support award is clearly erroneous where the amount unduly burdens the payor spouse by leaving the spouse in a nearly impossible financial position.
Although a district court and this Court have concurrent jurisdiction to award attorney's fees for an appeal in a divorce, we prefer the district court decide the issue of attorney's fees for a divorce appeal.