Opinions

In the Matter of Reciprocal Discipline of Julie L. Bruggeman, a Member of the Bar of State of North Dakota 2024 ND 101
Docket No.: 20240111
Filing Date: 5/23/2024
Case Type: Discipline - Attorney - Reciprocal
Author: Per Curiam

State v. Anderson 2024 ND 100
Docket No.: 20230374
Filing Date: 5/16/2024
Case Type: Appeal - Criminal - Homicide
Author: Per Curiam

Highlight: A criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4).

Aune v. State 2024 ND 99
Docket No.: 20230273
Filing Date: 5/16/2024
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Tufte, Jerod E.

Highlight: A district court may dismiss an application without notice to the applicant if it does not rely on information outside the application and considers only materials contained in the application or embraced by the pleadings.

Postconviction relief proceedings are appropriately treated as a continuation of the criminal prosecution for purposes of N.D.C.C. § 29-15-21, and the applicant is not entitled to a new judge when the postconviction judge was also the trial judge.

A demand for a change of judge is not the proper route to remove a judge for bias. Rather, the judge assigned to the case should consider the claim of bias, not another judge.

Peltier v. State (consolidated w/20230391) 2024 ND 98
Docket No.: 20230392
Filing Date: 5/16/2024
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court's order on petitions is summarily affirmed under N.D.R.App.35.1(a)(2).

Armitage v. Armitage 2024 ND 97
Docket No.: 20230368
Filing Date: 5/16/2024
Case Type: Appeal - Civil - Child Support
Author: Bahr, Douglas Alan

Highlight: A district court's decision on primary residential responsibility is a
finding of fact reviewed under the clearly erroneous standard of review.
Under the clearly erroneous standard, this Court on appeal does not
reweigh the evidence nor reassess the credibility of witnesses, and this
Court will not retry a custody case or substitute its judgment for a district
court's initial primary residential responsibility decision merely because
this Court might have reached a different result.
The district court considers the best interests and welfare of the child
when deciding residential responsibility. That includes considering whether
one parent will better promote the welfare and best interests of the child
than the other; however, the analysis is not parent verses parent, or one
proposed parenting plan against the other proposed parenting plan.

State v. Rangel 2024 ND 96
Docket No.: 20230356
Filing Date: 5/16/2024
Case Type: Appeal - Criminal - Misc. Felony
Author: Bahr, Douglas Alan

Highlight: A criminal defendant may withdraw a guilty plea after sentencing
only by demonstrating a manifest injustice.
The defendant has the burden of proving withdrawal is necessary to
correct a manifest injustice.
The district court has discretion in finding whether a manifest
injustice necessitating the withdrawal of a guilty plea exists, and the court's
decision is reviewed for abuse of discretion.

Brown v. State 2024 ND 95
Docket No.: 20230364
Filing Date: 5/16/2024
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Bahr, Douglas Alan

Highlight: The definition of official detention does not preclude custody while on probation.

An unambiguous sentence pronouncement controls over an ambiguous sentence, whether oral or written.

When there is an ambiguity between two sentences, the record must be examined to determine the district court's intent.

Jung v. State 2024 ND 94
Docket No.: 20240031
Filing Date: 5/16/2024
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Bahr, Douglas Alan

Highlight: To succeed on a claim for ineffective assistance of counsel, the applicant must show: (1) counsel's representation fell below an objective standard of reasonableness, and (2) there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different.
When a defendant pleads guilty on the advice of counsel, the defendant may only attack the voluntary and intelligent character of the guilty plea.

State v. Castleman 2024 ND 93
Docket No.: 20230371
Filing Date: 5/16/2024
Case Type: Appeal - Criminal - Other
Author: Jensen, Jon J.

Highlight: Under N.D.R.Crim.P. 14 a defendant must show more than naked assertions that prejudice may occur based on the number of offenses being charged and instead must show he suffered substantial prejudice as a result of the joinder.

Interest of S.M.F. 2024 ND 92
Docket No.: 20240097
Filing Date: 5/16/2024
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: A juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).