Opinions

Wanttaja v. Wanttaja 2016 ND 14
Docket No.: 20140436
Filing Date: 1/14/2016
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: A district court has jurisdiction in divorce proceedings to award appropriate child support for a parties' child, even when a temporary support order has been entered by a district court in another county while the parties are still married.
In deciding whether to award attorney fees in a divorce, the district court must balance one party's needs against the other party's ability to pay, and fault is a consideration only to the extent one party has unreasonably escalated the fees.

State v. Atkins 2016 ND 13
Docket No.: 20150211
Filing Date: 1/14/2016
Case Type: Appeal - Criminal - Sexual Offense
Author: VandeWalle, Gerald

Highlight: Issues not brought before the district court are generally inappropriate for appeal.
Ineffective assistance of counsel claims generally should not be brought on direct appeal, because post-conviction relief proceedings provide a more appropriate forum to develop the evidentiary record necessary for such claims.

Forster v. Flaagan 2016 ND 12
Docket No.: 20150207
Filing Date: 1/14/2016
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: A prima facie case for modification of primary residential responsibility is a bare minimum standard requiring facts that would support modification if proven at an evidentiary hearing.
If the moving party's allegations are supported by competent, admissible evidence, the court may conclude the moving party failed to establish a prima facie case only if: (1) the opposing party's counter-affidavits conclusively establish that the moving party's allegations have no credibility; or (2) the moving party's allegations are insufficient on their face, even if uncontradicted, to justify modification.

State v. Hannah 2016 ND 11
Docket No.: 20150144
Filing Date: 1/14/2016
Case Type: Appeal - Criminal - Assault
Author: VandeWalle, Gerald

Highlight: Pain is a phenomenon of common experience and understanding.
The weight given to a victim's testimony regarding pain is up to the jury.

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).