Opinions

26th Street Hospitality v. Real Builders, et al. 2016 ND 95
Docket No.: 20150259
Filing Date: 5/26/2016
Case Type: Appeal - Civil - Other
Author: Kapsner, Carol

Highlight: Under the Federal Arbitration Act, the court is required to determine the validity of an arbitration agreement before arbitration may be ordered, but only if a party specifically challenges the arbitration provision.
Arbitrability is an issue for judicial determination unless the parties clearly and unmistakably provide otherwise.
A nonsignatory to an arbitration agreement may compel arbitration if a signatory raises allegations of substantially interdependent and concerted misconduct by both the nonsignatory and one or more signatories to the contract.

City of Bismarck v. Sokalski 2016 ND 94
Docket No.: 20150151
Filing Date: 5/26/2016
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Kapsner, Carol

Highlight: A district court's decision on a motion for a new trial is reviewed for an abuse of discretion.
A prosecutor's knowing use of perjured testimony violates the due process defendant clause. To establish this kind of prosecutorial misconduct claim, a defendant must prove: (1) the prosecution either introduced or failed to correct false testimony; (2) the false or perjured testimony was given at trial; (3) the prosecution knew the perjured testimony was false; (4) the testimony was "material"; and (5) the defendant has not waived the claim by failing to raise it at trial if he had reason to know of the falsity of the subject testimony.

State v. Rogahn 2016 ND 93
Docket No.: 20150297
Filing Date: 5/26/2016
Case Type: Appeal - Criminal - Drugs/Contraband
Author: VandeWalle, Gerald

Highlight: Probable cause depends on the combined effect of all facts and circumstances included in the affidavit of probable cause, not the isolated effect of individual facts or circumstances.
The realities of a case may warrant executing a daytime search warrant within minutes of 10 p.m.
To warrant a Franks hearing, a defendant must make a substantial preliminary showing of false or misleading statements within the affidavit of probable cause.

State v. Timm 2016 ND 92
Docket No.: 20150332
Filing Date: 5/26/2016
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: DUI conviction is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Interest of N.A. (Confidential) 2016 ND 91
Docket No.: 20160099
Filing Date: 5/26/2016
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Crothers, Daniel John

Highlight: In termination of parental rights cases, a guardian ad litem's failure to interview an available parent is error.
A guardian ad litem's failure to interview an available parent is not a constitutional violation where the parent testifies and is represented by counsel in a parental rights termination proceeding.

State, et al. v. Andres 2016 ND 90
Docket No.: 20150328
Filing Date: 5/26/2016
Case Type: Appeal - Civil - Paternity
Author: Crothers, Daniel John

Highlight: When a district court grants primary residential responsibility, it must calculate child support obligations for each parent assuming the other parent has primary residential responsibility for the child.
A district court's parenting must include the child's legal residence for school purposes and transportation and exchange information or provide an explanation for the omission.

Interest of Thill (cross-reference w/ 20130291 & 20150147) 2016 ND 89
Docket No.: 20160047
Filing Date: 5/26/2016
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).

State v. Trower 2016 ND 88
Docket No.: 20150306
Filing Date: 5/26/2016
Case Type: Appeal - Criminal - Theft
Author: Per Curiam

Highlight: Possession of stolen property and fleeing or attempting to elude a police officer convictions summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Schmuck v. Schmuck 2016 ND 87
Docket No.: 20150210
Filing Date: 5/26/2016
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: In determining whether to award spousal support, a party's need for support is not dispositive, and the district court must also consider whether the other party has an ability to pay.
A district court need not retain jurisdiction over spousal support when there is no evidence a party sacrificed a career that would have led to greater future income or when a party's education was interrupted or terminated to accommodate the other's career track.

Kapple v. N.D. Dep't of Transportation 2016 ND 86
Docket No.: 20160029
Filing Date: 5/26/2016
Case Type: Appeal - Administrative - Department of Transportation
Author: Per Curiam

Highlight: A district court judgment reversing an administrative hearing officer's decision revoking driving privileges is summarily reversed under N.D.R.App.P. 35.1(b).