Opinions

State v. Nguyen (cross-ref. w/20130159) 2014 ND 211
Docket No.: 20140183
Filing Date: 11/26/2014
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: A district court order deferring imposition of sentence is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Nilles, Ilvedson, Plambeck & Selbo, Ltd., v. Langer 2014 ND 210
Docket No.: 20140212
Filing Date: 11/20/2014
Case Type: Appeal - Civil - Contracts
Author: Per Curiam

Highlight: An order denying relief from judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (4).

State v. Yost (consolidated w/20140070 & 20140071) 2014 ND 209
Docket No.: 20140067
Filing Date: 11/12/2014
Case Type: Appeal - Criminal - Sexual Offense
Author: Kapsner, Carol

Highlight: Sentencing is a critical stage at which a defendant is entitled to effective assistance of counsel.
A defendant's conduct may be the functional equivalent of a voluntary waiver of the right to counsel.
A trial court should make an on-the-record determination that the defendant voluntarily, knowingly, and intelligently waived the right to counsel to eliminate any ambiguity.

Harvey v. Harvey 2014 ND 208
Docket No.: 20140084
Filing Date: 11/12/2014
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: A district court does not necessarily err by failing to find a primary caretaker of a child.
Reservation of jurisdiction to award spousal support is appropriate where a spouse is disabled, has a lower income than the other spouse, and has a slim chance of substantially increasing his or her income.

State v. Leppert 2014 ND 207
Docket No.: 20140087
Filing Date: 11/12/2014
Case Type: Appeal - Civil - Other
Author: Kapsner, Carol

Highlight: A noncriminal traffic case may not be appealed to the Supreme Court.

State v. Reddig 2014 ND 206
Docket No.: 20140123
Filing Date: 11/5/2014
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Sandstrom, Dale

Highlight: District court judgment denying motion to withdraw guilty plea is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Matter of Aune 2014 ND 205
Docket No.: 20140042
Filing Date: 11/12/2014
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

Highlight: A district court order civilly committing an individual as a sexually dangerous offender is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).

Ayala v. State 2014 ND 204
Docket No.: 20140140
Filing Date: 11/12/2014
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court order denying application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

State v. Jones 2014 ND 203
Docket No.: 20140100
Filing Date: 11/12/2014
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Kapsner, Carol

Highlight: Criminal judgment for possession of a controlled substance with intent to deliver within 1,000 feet of a school and possession of drug paraphernalia is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

State v. Murphy 2014 ND 202
Docket No.: 20140079
Filing Date: 11/5/2014
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Kapsner, Carol

Highlight: A district court is allowed a wide range of discretion in fixing a criminal sentence. Appellate review of a criminal sentence is generally confined to whether the district court acted within the sentencing limits set by statute, or substantially relied upon an impermissible factor.
A district court's interpretation of a statute in sentencing a defendant may be reviewed under limited circumstances.