Opinions

Schroeder v. Schroeder 2014 ND 106
Docket No.: 20130351
Filing Date: 5/28/2014
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: An evidentiary hearing for modification of primary residential responsibility is appropriate only if a prima facie case is established for both a material change in circumstances and modification is necessary to serve the best interests of the child.

State Farm Mutual Automobile Insurance Co. v. Gruebele, et al. 2014 ND 105
Docket No.: 20130413
Filing Date: 5/28/2014
Case Type: Appeal - Civil - Insurance
Author: Crothers, Daniel John

Highlight: Negligence imputed to a parent after signing his or her minor child's driver's license application sponsorship form does not automatically create coverage under the signing parent's insurance contract.

State v. Roe 2014 ND 104
Docket No.: 20130326
Filing Date: 5/28/2014
Case Type: Appeal - Criminal - Sexual Offense
Author: VandeWalle, Gerald

Highlight: Generally, parties or their counsel may stipulate as to evidentiary matters such as the admission, exclusion or withdrawal of evidence, but stipulations that are clearly against public policy will not be validated.
A defendant may waive his confrontation rights by stipulating to the admission of evidence.

Lehman v. State 2014 ND 103
Docket No.: 20130295
Filing Date: 5/28/2014
Case Type: Appeal - Civil - Post-Conviction Relief
Author: VandeWalle, Gerald

Highlight: Generally, an application for post-conviction relief must be filed within two years of the date the conviction becomes final.
A statute is not regarded as operating retroactively because of the mere fact that it relates to antecedent events.

Datz v. Dosch (cross-reference w/ 20120167 & 20120435) 2014 ND 102
Docket No.: 20130364
Filing Date: 5/28/2014
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: The Supreme Court retains jurisdiction until the mandate is issued.
The issuance of the mandate returns jurisdiction to the district court.

State v. Kalmio 2014 ND 101
Docket No.: 20130074
Filing Date: 5/28/2014
Case Type: Appeal - Criminal - Homicide
Author: Crothers, Daniel John

Highlight: Standing objections must be sufficiently definite to preserve the issues for judicial review.
The test in Schumacker v. Schumacker is used when evaluating admissibility of hearsay under the state-of-mind exception.
Alibi defenses require written notice to the prosecuting attorney within the time provided for pretrial motions.
Jurors are presumed to follow admonitions and disregard improper statements.

Phillips v. State 2014 ND 100
Docket No.: 20130151
Filing Date: 5/28/2014
Case Type: Appeal - Criminal - Post-Conviction Relief
Author: Per Curiam

Highlight: A separate appeal from an order denying the transcript of a post-conviction relief hearing is unnecessary when an appeal from an order denying post-conviction relief is already pending.
When an indigent defendant has demonstrated a particularized need for a transcript, the district court abuses its discretion in denying his request for a free transcript.

State v. Gates 2014 ND 99
Docket No.: 20130358
Filing Date: 5/28/2014
Case Type: Appeal - Criminal - Theft
Author: Per Curiam

Highlight: Criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Voisine v. State 2014 ND 98
Docket No.: 20140010
Filing Date: 5/28/2014
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Appeal from denial of petition for postconviction relief summarily affirmed under N.D.R.App.P. 35.1(a)(4).

State ex rel. Storbakken v. Scott's Electric 2014 ND 97
Docket No.: 20130264
Filing Date: 5/12/2014
Case Type: Appeal - Civil - Employer/Employee Dispute
Author: Crothers, Daniel John

Highlight: Arguments not raised before the district court cannot be raised for the first time on appeal.
Whether an activity is excluded from hours worked under the Fair Labor Standards Act, as amended by the Portal-to-Portal Act, is a mixed question of law and fact.