Opinions

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.

Markgraf, et al. v. Welker, et al. 2015 ND 303
Docket No.: 20150116
Filing Date: 12/31/2015
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: VandeWalle, Gerald

Highlight: Summary judgment is inappropriate if the court must draw inferences and make findings on disputed facts to support the judgment.
The statute of limitations for recovery or possession of real property, applies to any action for the recovery or possession of real property and is not limited to adverse possession or acquiescence actions.
When summary judgment is inappropriate but no further evidence would be presented at trial, parties may submit the case to the district court for a trial based on the record if the parties provide a stipulation of facts and exhibits, together with any argument the court permits.

Arrow Midstream Holdings, LLC, et al. v. 3 Bears Construction, LLC, et al. 2015 ND 302
Docket No.: 20150057
Filing Date: 12/29/2015
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Highlight: A dismissal without prejudice is final and appealable if it has the practical effect of terminating the litigation in the plaintiff's chosen forum.
Generally, absent a different congressional direction, Indian tribes lack civil authority over the conduct of nonmembers on non-Indian land within a reservation.
It is not the particular form of business entity used by a tribe or tribal member, but whether the business entity was created under tribal law or state law that determines if the business entity should be treated as a tribe or tribal member.
State court jurisdiction over claims arising on Indian reservations is foreclosed if it is preempted by incompatible federal law or if it would undermine the right of reservation Indians to make their own laws and be ruled by them.