Opinions

State v. Quantz 2016 ND 55
Docket No.: 20150208
Filing Date: 3/15/2016
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam

Highlight: Convictions for disorderly conduct and indecent exposure are summarily affirmed under N.D.R.App.P. 35.1 (a)(3).

Eagleman v. State 2016 ND 54
Docket No.: 20150145
Filing Date: 3/15/2016
Case Type: Appeal - Civil - Post-Conviction Relief
Author: VandeWalle, Gerald

Highlight: Applicants for post-conviction relief are not entitled to relief when their claims have been rejected in prior proceedings.
The statute of limitations for post-conviction relief regarding a revocation of probation runs from the date the applicant foregoes or exhausts the appeals process relating to the revocation of probation, not the date of the original judgment of conviction.
A district court abuses its discretion when it fails to address nonfrivolous issues presented to the court.

State v. Mann 2016 ND 53
Docket No.: 20150069
Filing Date: 3/15/2016
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: VandeWalle, Gerald W.

Highlight: North Dakota's criminal refusal statute is constitutional under the Fourth Amendment and North Dakota Constitution article I, section 8.
The authority to take judicial notice of prior offenses under N.D.C.C. 39-08-01(3) is limited to correcting errors or omissions in charging documents.

Matuska v. State 2016 ND 52
Docket No.: 20150235
Filing Date: 3/15/2016
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Order denying post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

State v. Odermann 2016 ND 51
Docket No.: 20150216
Filing Date: 3/15/2016
Case Type: Appeal - Criminal - Theft
Author: Per Curiam

Highlight: A criminal judgment for burglary and theft of property is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Interest of C.S. (Confidential) 2016 ND 50
Docket No.: 20160009
Filing Date: 3/15/2016
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Crothers, Daniel John

Highlight: Order terminating parental rights summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Erickstad v. State 2016 ND 49
Docket No.: 20150303
Filing Date: 3/15/2016
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Order dismissing application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2), (7).

Vogt v. State 2016 ND 48
Docket No.: 20150279
Filing Date: 3/3/2016
Case Type: Appeal - Civil - Post-Conviction Relief
Author: McEvers, Lisa K. Fair

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

Aker v. Neiber 2016 ND 47
Docket No.: 20150229
Filing Date: 3/3/2016
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: Order denying motion to amend parenting time is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Rath v. Rath (cross ref. 20130025, 184 & 252; 20140012 & 291) 2016 ND 46
Docket No.: 20150088
Filing Date: 2/24/2016
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: A district court's decision on whether a contempt has been committed and remedial sanctions are warranted lies within its sound discretion and will not be overturned on appeal unless there is a clear abuse of discretion.
The district court has broad discretion in controlling the time allotted for a hearing.
A district court has discretion to decide whether a claim is frivolous and the amount and reasonableness of an award of attorney fees, but when the court decides a claim is frivolous, the court must award attorney fees.
The district court's decision on a recusal motion is reviewed for an abuse of discretion.