Opinions

Winarske v. State 2014 ND 117
Docket No.: 20130390
Filing Date: 6/24/2014
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Order denying application for post-conviction relief summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Frith v. WSI, et al. 2014 ND 116
Docket No.: 20130286
Filing Date: 6/23/2014
Case Type: Appeal - Administrative - Workers Compensation
Author: Per Curiam

Highlight: A district court judgment affirming an administrative law judge's order, which affirmed WSI's order denying benefits to a claimant, is summarily affirmed under N.D.R.App.P. 35.1(a)(5).

Medalen v. Medalen 2014 ND 114
Docket No.: 20130403
Filing Date: 6/18/2014
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: An amended judgment finding a party in contempt of court and ordering her to pay costs and expenses is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

State v. Thomas 2014 ND 113
Docket No.: 20130377
Filing Date: 6/18/2014
Case Type: Appeal - Criminal - Arson
Author: Per Curiam

Highlight: Criminal judgment entered on a jury verdict finding defendant guilty of arson and endangering by fire or explosion is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

IRET Properties v. Tano, et al. 2014 ND 112
Docket No.: 20130359
Filing Date: 6/18/2014
Case Type: Appeal - Civil - Landlord/Tenant
Author: Per Curiam

Highlight: Order denying motion to vacate or set aside default judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).

Francis v. Francis 2014 ND 111
Docket No.: 20130317
Filing Date: 6/4/2014
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: A domestic violence advocate is limited to participating in proceedings only to the extent provided for in N.D. Supreme Court Administrative Rule 34, section 5.

Disciplinary Board v. Lawler (Consol. w/ 20140054-20140062 2014 ND 110
Docket No.: 20140053
Filing Date: 6/2/2014
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer disbarred.

State v. Brown 2014 ND 108
Docket No.: 20130401
Filing Date: 5/28/2014
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Convictions for delivery of a controlled substance and possession of a controlled substance with intent to deliver are summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Schlieve v. Schlieve 2014 ND 107
Docket No.: 20130368
Filing Date: 5/28/2014
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: A court's award of primary residential responsibility is a finding of fact, which will not be reversed on appeal unless it is clearly erroneous or it is not sufficiently specific to show the factual basis for the decision.
A court' may give significant weight to the preferences of mature minor children.
A court is not required to do a line-by-line best-interest analysis for each individual child, but when the factors are different for each child, such an analysis is permissible and may be necessary.
A religious provision in a parenting plan may not require a parent to take a child to certain religious services.

Schroeder v. Schroeder 2014 ND 106
Docket No.: 20130351
Filing Date: 5/28/2014
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: An evidentiary hearing for modification of primary residential responsibility is appropriate only if a prima facie case is established for both a material change in circumstances and modification is necessary to serve the best interests of the child.