Opinions

State v. Gates (consol. w/ 20150036) (cross-reference w/20130358) 2015 ND 177
Docket No.: 20140317
Filing Date: 7/1/2015
Case Type: Appeal - Criminal - Misc. Felony
Author: Kapsner, Carol

Highlight: District courts have a wide degree of discretion when determining restitution awards, and the court's decision will not be reversed on appeal unless the court abuses its discretion.

State v. Breiner 2015 ND 176
Docket No.: 20140427
Filing Date: 7/1/2015
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Crothers, Daniel John

Highlight: Documents showing the defendant had the benefit of legal counsel are sufficient to establish defendant had or waived counsel so that prior convictions could be used to enhance his DUI sentence.

Gonzalez v. State (consolidated w/20150051) 2015 ND 175
Docket No.: 20150050
Filing Date: 7/1/2015
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Kapsner, Carol

Highlight: An issue, even a constitutional issue, not raised before the district court generally will not be addressed on appeal.

Fugere v. Fugere 2015 ND 174
Docket No.: 20140334
Filing Date: 7/1/2015
Case Type: Appeal - Civil - Divorce - Property
Author: Sandstrom, Dale

Highlight: A district court may unequally divide property in a short-term marriage and award the parties what each brought into the marriage.
There is no rule that the district court equally divide any increase in the net worth of the parties which occurred during the marriage.
The affirmance of a property division in one divorce case does not announce a rule of law requiring that all property divisions in future cases be handled similarly.

State v. Martinez 2015 ND 173
Docket No.: 20140260
Filing Date: 7/1/2015
Case Type: Appeal - Criminal - Sexual Offense
Author: Crothers, Daniel John

Highlight: Jury instructions must correctly and adequately inform the jury of the applicable law and must not mislead or confuse the jury.
When a criminal defendant is charged with multiple counts of gross sexual imposition, the jury instructions must include information identifying the underlying acts for each count, or the court must instruct the jury that it must unanimously agree about the act or acts committed for each count.
A trial court has discretion to exclude evidence about a person's sexual history.

City of Williston v. Werkmeister 2015 ND 172
Docket No.: 20140361
Filing Date: 7/1/2015
Case Type: Appeal - Criminal - Assault
Author: VandeWalle, Gerald

Highlight: A defendant may appeal from a municipal court's judgment of conviction, and the appeal must be taken in accordance with the Rules of Criminal Procedure.

Votava v. Votava 2015 ND 171
Docket No.: 20140460
Filing Date: 7/1/2015
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: A district court has broad discretion in deciding whether contempt has been committed, and the court's decision will not be reversed on appeal unless there is a clear abuse of discretion.
Due process requires a party receive adequate notice and a fair opportunity to be heard.
A fair hearing requires reasonable notice or opportunity to know of the claims of opposing parties, and the opportunity to rebut those claims.

Savre v. Santoyo 2015 ND 170
Docket No.: 20140358
Filing Date: 7/1/2015
Case Type: Appeal - Civil - Landlord/Tenant
Author: McEvers, Lisa K. Fair

Highlight: A breach of contract occurs when there is nonperformance of a contractual duty when it is due.
Whether a party has breached a contract is a finding of fact that will not be reversed on appeal unless it is clearly erroneous.
A person who receives an option from another to purchase property must strictly comply with the contractual requirements for exercising an option to purchase.
Waiver may be found from an unexplained delay in enforcing contractual rights or accepting performance different than called for by the contract.

Schiele v. Schiele 2015 ND 169
Docket No.: 20140371
Filing Date: 7/1/2015
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: Parents have a mutual duty to support their children, and a court may compel either or both of the parents to provide for the support of their children.
A determination of a child support obligation is appropriate in any matter where the child and both of the child's parents do not reside together.
A divorce judgment's language controls, regardless of the actual custodial arrangement exercised by the parties.

Weston v. Crummy 2015 ND 168
Docket No.: 20140421
Filing Date: 7/1/2015
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: A primary residential responsibility determination is summarily affirmed under N.D.R.App.P. 35.1(a)(2).