Opinions

Interest of D.D. (CONFIDENTIAL)(Cons. w/20140457, 20140465, & 20140466) 2015 ND 24
Docket No.: 20140456
Filing Date: 2/12/2015
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: A district court judgment terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Huffman Inc. v. WSI 2015 ND 23
Docket No.: 20140348
Filing Date: 2/12/2015
Case Type: Appeal - Administrative - Workers Compensation
Author: Per Curiam

Highlight: A district court judgment affirming an administrative law judge's order finding Huffco's drivers are employees is summarily affirmed under N.D.R.App.P. 35.1(a)(5).

Rath v. Rath (Cross-ref. w/20130025, 20130184, 20130327 & 20140012) 2015 ND 22
Docket No.: 20140291
Filing Date: 2/12/2015
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: A district court order denying Mark Rath's motion to vacate the judgment and orders is summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (7).

Winarske v. State (consolidated w/20140113-20140118) 2015 ND 21
Docket No.: 20140112
Filing Date: 2/12/2015
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court judgment denying post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Johnson 2015 ND 19
Docket No.: 20140286
Filing Date: 2/12/2015
Case Type: Appeal - Criminal - Assault
Author: Per Curiam

Highlight: A district court order revoking probation and sentencing a defendant is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).

Beylund v. Levi 2015 ND 18
Docket No.: 20140133
Filing Date: 2/12/2015
Case Type: Appeal - Administrative - Department of Transportation
Author: McEvers, Lisa K. Fair

Highlight: The implied consent laws do not violate the Fourth Amendment, under the doctrine of unconstitutional conditions.

Disciplinary Board v. Stanley 2015 ND 17
Docket No.: 20140420
Filing Date: 2/10/2015
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer reprimanded.

Law v. Whittet, et al. (cross-reference w/20130241 & 20140248) 2015 ND 16
Docket No.: 20140268
Filing Date: 1/22/2015
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: A district court amended judgment will be reversed and remanded for failure to follow the mandate of the Supreme Court.
A change of judge may be ordered on remand when a judge is unable or unwilling to follow the mandate of the Supreme Court.

State v. Galvez 2015 ND 14
Docket No.: 20140029
Filing Date: 1/15/2015
Case Type: Appeal - Criminal - Sexual Offense
Author: Sandstrom, Dale

Highlight: Under the Equal Protection Clause, the use of peremptory challenges to exclude jurors solely on the basis of their gender is unconstitutional.
A party claiming gender discrimination during the selection of the jury pool bears the burden of establishing a prima facie case of purposeful discrimination.
A party challenging the sufficiency of the evidence to sustain a conviction entered on a jury verdict must show that the evidence, when viewed in the light most favorable to the verdict, reveals no reasonable inference of guilt.

Mertz v. Mertz 2015 ND 13
Docket No.: 20140072
Filing Date: 1/15/2015
Case Type: Appeal - Civil - Divorce - Property
Author: Crothers, Daniel John

Highlight: Comprehensive analysis under the Ruff-Fischer guidelines is emphasized over the disadvantaged spouse doctrine, which has been eliminated.
The district court must consider all the relevant factors under the Ruff-Fischer guidelines in determining spousal support, explaining its rationale for its determination.
Because of the interrelation, the district court may reconsider the property distribution when determining spousal support.