Opinions

Mowan v. Berg 2015 ND 95
Docket No.: 20140201
Filing Date: 4/28/2015
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: If competent evidence of domestic violence does not trigger the statutory presumption, the violence must be considered as one factor in deciding primary residential responsibility.

Hall v. Malloy, et al. 2015 ND 94
Docket No.: 20140196
Filing Date: 4/28/2015
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Sandstrom, Dale

Highlight: An instrument may include a judgment for purposes of the after-acquired title doctrine.
An instrument that conveys only the grantor's interest or title, if any, in property, rather than a fee simple interest in the property itself, does not convey after-acquired title.

Moe v. State 2015 ND 93
Docket No.: 20140185
Filing Date: 4/28/2015
Case Type: Appeal - Civil - Post-Conviction Relief
Author: VandeWalle, Gerald

Highlight: The purpose of an appeal is to review the actions of the district court, not to give the appellant an opportunity to develop new strategies or theories.
Issues and arguments not raised before the district court will not be addressed on appeal.

Matter of Loy 2015 ND 92
Docket No.: 20140111
Filing Date: 4/28/2015
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: VandeWalle, Gerald

Highlight: A licensure under probation with the State Board of Psychologist Examiners meets the statutory and evidentiary standard required to testify, and a witness's probationary status is an issue of weight and credibility of the testimony and not an issue of admissibility.
In a proceeding civilly committing a person as a sexually dangerous individual, an indigent respondent does not retain a right to choose an independent evaluator paid by the State.

Interest of T.J.S. (CONFIDENTIAL)(consolidated w/ 20140363 & 20140364) 2015 ND 91
Docket No.: 20140362
Filing Date: 4/28/2015
Case Type: Appeal - Criminal - Juvenile Law
Author: Per Curiam

Highlight: Order placing child in custody of Department of Corrections is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Complete Plumbing Services, Inc. v. Brenna 2015 ND 90
Docket No.: 20140289
Filing Date: 4/28/2015
Case Type: Appeal - Civil - Contracts
Author: Per Curiam

Highlight: Money judgment requiring payment for unpaid costs of work and materials is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Vacancy in Judgeship No. 4, Northeast Central Judicial District 2015 ND 89
Docket No.: 20150018
Filing Date: 4/27/2015
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judgeship retained at Grand Forks.

Tresenriter v. State 2015 ND 88
Docket No.: 20140359
Filing Date: 4/22/2015
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Order dismissing an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7).

Parizek v. State 2015 ND 87
Docket No.: 20140356
Filing Date: 4/22/2015
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Order denying an application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Mesch v. Levi 2015 ND 86
Docket No.: 20140419
Filing Date: 4/22/2015
Case Type: Appeal - Administrative - Department of Transportation
Author: Per Curiam

Highlight: A district court judgment affirming a 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)(7).