Opinions

Haag v. Haag 2016 ND 34
Docket No.: 20150193
Filing Date: 2/18/2016
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: A material change of circumstances is an important new fact not known at the time of the prior order establishing residential responsibility.
A party's conduct before a prior decision establishing residential responsibility may be relevant if the prior decision was based on the parties' stipulation and the court was not aware of the facts at the time of the stipulation.

Erickson v. Olsen, et al. (cross-reference w/ 20130217) 2016 ND 33
Docket No.: 20150153
Filing Date: 2/18/2016
Case Type: Appeal - Civil - Other
Author: VandeWalle, Gerald

Highlight: Under N.D.R.Civ.P. 60(a), a court may correct a clerical mistake or mistake arising from oversight or omission when one is found in a judgment, but may not make substantive changes in a judgment.

Estate of Vaage 2016 ND 32
Docket No.: 20150121
Filing Date: 2/18/2016
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: McEvers, Lisa K. Fair

Highlight: Evidence justifying reformation of a written instrument must be clear, specific, and convincing.
When considering whether to reform a written instrument, a district court should exercise caution and require a high degree of proof, especially when the original parties are deceased.

State v. McClary 2016 ND 31
Docket No.: 20150218
Filing Date: 2/18/2016
Case Type: Appeal - Criminal - Sexual Offense
Author: Kapsner, Carol

Highlight: A motion to correct an illegal sentence brought under the Rules of Criminal Procedure or brought under the Uniform Postconviction Procedure Act should be treated as equivalent to a motion under both provisions.
Trial courts ordinarily should appoint counsel for most indigent applicants seeking postconviction relief for the first time, and only in exceptional situations should counsel not be appointed.
A district court may not delegate its sentencing authority to a probation officer or counselor.

Black Gold Oil Field Services, LLC v. City of Williston, et al. 2016 ND 30
Docket No.: 20150112
Filing Date: 2/18/2016
Case Type: Appeal - Civil - Other
Author: McEvers, Lisa K. Fair

Highlight: Granting or denying a preliminary injunction is based on: (1) substantial probability of succeeding on the merits; (2) irreparable injury; (3) harm to other interested parties; and (4) effect on the public interest.
An injunction cannot be granted to prevent a legislative act by a municipality.
A party seeking an injunction generally must show that no adequate remedy at law exists and that irreparable injury will result if relief is not granted.

Interest of Johnson (cross-reference w/ 20120364 & 20140366) 2016 ND 29
Docket No.: 20150217
Filing Date: 2/18/2016
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Kapsner, Carol

Highlight: A district court must find a person has serious difficulty controlling his or her behavior to continue that person's commitment as a sexually dangerous individual.

State v. Anderson 2016 ND 28
Docket No.: 20150015
Filing Date: 2/18/2016
Case Type: Appeal - Criminal - Homicide
Author: McEvers, Lisa K. Fair

Highlight: The State cannot use a defendant's post-arrest silence as evidence of guilt, and the burden is on the State to prove that a comment on a defendant's post-arrest silence is harmless beyond a reasonable doubt.
The State's inquiry into the amount of time a defendant spent preparing trial testimony is a legitimate means of attacking the veracity of a defendant's testimony on cross-examination.
The attorney-client privilege is personal to the client and is waived if it is not asserted at trial.
A defendant's flight immediately after a crime has been committed or during a continuing chain of events after a crime has been committed, while alone is insufficient to establish guilt, may be considered by the jury as circumstantial evidence of a defendant's consciousness of guilt.

State v. Stensaker (consolidated w/ 20150165) 2016 ND 27
Docket No.: 20150164
Filing Date: 2/18/2016
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: Murder conviction and two counts of possession of a firearm by a convicted felon summarily affirmed under N.D.R.App.P. 35.1(a)(3); case remanded to fix clerical error in judgment.

Interest of G.L.D. (CONFIDENTIAL)(cross-reference w/20100230,20120175,&2014 2016 ND 26
Docket No.: 20150245
Filing Date: 2/18/2016
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

Highlight: Order denying request for discharge from commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Interest of G.L.D. (CONFIDENTIAL)(cross-reference w/20100230,20120175,&20140034) 2016 ND 25
Docket No.: 20150226
Filing Date: 2/18/2016
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

Highlight: A district court order denying petition for discharge from civil commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2).