Opinions

Datz v. Dosch (cross-reference w/ 20120167) 2013 ND 148
Docket No.: 20120435
Filing Date: 8/29/2013
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: The district court's findings under the statutory best interest of the child factors must contain sufficient specificity to show the factual basis for the court's decision.
Evidence of domestic violence must be considered by a court when weighing the statutory best interest of the child factors.

Bell, et al. v. Pro Tune Plus, et al. 2013 ND 147
Docket No.: 20130068
Filing Date: 8/29/2013
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Highlight: A district court does not have the authority to remand an action properly removed from the small claims court.
A plaintiff has standing to appeal an order of remand to small claims court because the rights afforded in the district court vested in both parties immediately upon removal.
An order of remand to small claims court is not analogous to a traditional dismissal without prejudice, because a procedural barrier exists to prevent the case being filed again in the district court.

Interest of Johnson 2013 ND 146
Docket No.: 20120364
Filing Date: 8/29/2013
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Crothers, Daniel John

Highlight: The district court is the best credibility evaluator in cases of conflicting testimony.
A party may waive an objection by failing to object to the admission or exclusion of testimony.

Charvat v. Charvat 2013 ND 145
Docket No.: 20130042
Filing Date: 8/29/2013
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: A court may conclude the moving party failed to establish a prima facie case for modification of primary residential responsibility only if: (1) the opposing party's counter-affidavits conclusively establish that the moving party's allegations have no credibility; or (2) the moving party's allegations are insufficient on their face, even if uncontradicted, to justify modification.
A suicide attempt by a parent with primary residential responsibility may be a material change in circumstances justifying a modification of primary residential responsibility.

Jensen v. Jensen 2013 ND 144
Docket No.: 20120450
Filing Date: 8/29/2013
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: A court may conclude the moving party failed to establish a prima facie case for modification of primary residential responsibility only if: (1) the opposing party's counter-affidavits conclusively establish that the moving party's allegations have no credibility; or (2) the moving party's allegations are insufficient on their face, even if uncontradicted, to justify modification.
A move by a parent with primary residential responsibility, particularly when coupled with the parent's remarriage, may be a material change in circumstances.

Interest of Whitetail 2013 ND 143
Docket No.: 20120452
Filing Date: 8/29/2013
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: VandeWalle, Gerald

Highlight: A decision that an individual is a sexually dangerous individual will be affirmed unless it is induced by an erroneous view of the law or the reviewing court is firmly convinced the decision is not supported by clear and convincing evidence.
A sexually dangerous individual must be placed in the least restrictive available treatment facility or program necessary.

Schiff v. Schiff 2013 ND 142
Docket No.: 20120394
Filing Date: 8/29/2013
Case Type: Appeal - Civil - Divorce - Property
Author: Crothers, Daniel John

Highlight: The basis for the decision regarding spousal support must be articulated.
Debts incurred during the parties' separation but before their divorce are included in the calculation of the marital estate.
A district court's valuation of marital assets is not clearly erroneous when it is within the range of the evidence presented by the parties.

State v. Borner 2013 ND 141
Docket No.: 20120388
Filing Date: 8/29/2013
Case Type: Appeal - Criminal - Misc. Felony
Author: Maring, Mary

Highlight: Conspiracy to commit murder under N.D.C.C. 12.1-06-04, criminal conspiracy, and 12.1-16-01(1)(b), extreme indifference murder, is not a cognizable offense.
Intent to achieve a particular result which is criminal is an essential element of criminal conspiracy.
Conspiracy to commit murder requires (1) an intent to cause death, (2) an agreement to commit murder, and (3) an overt act in furtherance of the agreement.

Interest of M.S. (CONFIDENTIAL) 2013 ND 140
Docket No.: 20130230
Filing Date: 8/29/2013
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

Highlight: Mental health commitment summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Interest of N.R., a Child (CONFIDENTIAL) (Consolidated w/ 20130213 & 20130218) 2013 ND 139
Docket No.: 20130212
Filing Date: 8/29/2013
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author:

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