Opinions

Kukla v. Kukla 2013 ND 192
Docket No.: 20120451
Filing Date: 10/22/2013
Case Type: Appeal - Civil - Divorce - Property
Author: Sandstrom, Dale

Highlight: A party moving for relief from a judgment under N.D.R.Civ.P. 60(b) has the burden to establish sufficient grounds for disturbing the finality of the decree, and relief should be granted only in exceptional circumstances.
Whether a motion for relief from judgment has been timely made is within the district court's discretion and will not be overturned on appeal unless the court abuses its discretion.

Matter of Hehn (consolidated w/ 20130143) 2013 ND 191
Docket No.: 20130055
Filing Date: 10/22/2013
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Maring, Mary

Highlight: A person civilly committed as a sexually dangerous individual is entitled as a matter of right to only one discharge hearing within a twelve-month period.

Matter of Rubey (cross-reference 20100292 & 20110322) 2013 ND 190
Docket No.: 20130093
Filing Date: 10/22/2013
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Crothers, Daniel John

Highlight: A proponent of excluded evidence must make an offer of proof to the trial court and show prejudice from the restriction to show an abuse of discretion.
In reviewing a district court's order denying a petition for discharge from treatment as a sexually dangerous individual, an appellate court gives great deference to the district court's credibility determinations of expert witnesses and the weight to be given their testimony.

State ex rel. City of Marion v. Alber 2013 ND 189
Docket No.: 20130094
Filing Date: 10/22/2013
Case Type: Appeal - Civil - Other
Author: Sandstrom, Dale

Highlight: A district court does not abuse its discretion when a finding of willful contempt is supported by the evidence and inferences from the evidence.
Findings of fact and conclusions of law are sufficient for a finding of contempt when the district court's statements clearly demonstrate the basis for its decision.
Methods of objection, such as motions to strike, are available post-hearing and must be made to preserve argument on appeal contesting the submission of post-hearing evidence.

State v. Samshal 2013 ND 188
Docket No.: 20120436
Filing Date: 10/22/2013
Case Type: Appeal - Criminal - Misc. Felony
Author: VandeWalle, Gerald

Highlight: In criminal cases, a defendant's testimony about statements made by the victim of the alleged offense, offered to establish the defendant's state of mind, are not hearsay because they are not offered to prove the truth of the matter asserted.
A defendant is not entitled to assert a defense of premises claim when the victim and defendant reside in the same premises and the victim was not unlawfully within the premises.

Empower the Taxpayer, et al. v. Fong, et al.(cross-ref w/20120191, 197, 444 2013 ND 187
Docket No.: 20130011
Filing Date: 10/22/2013
Case Type: Appeal - Civil - Other
Author: Maring, Mary

Highlight: A reviewing court cannot perform its appellate function unless it is able to understand the basis for the trial court's decision, and therefore the trial court must provide an adequate explanation of the evidentiary and legal basis for its decision.
A court may not impose monetary sanctions against a represented party for bringing a frivolous action in violation of N.D.R.Civ.P. 11(b)(2).

Kershaw v. WSI 2013 ND 186
Docket No.: 20130131
Filing Date: 10/22/2013
Case Type: Appeal - Administrative - Workers Compensation
Author: Crothers, Daniel John

Highlight: Separation of powers prevents the Supreme Court from making independent findings of fact or substituting its judgment for that of the agency fact finder.
In WSI cases, a presumption may not be established favoring one doctor's opinion over another's. To resolve a conflicting medical opinion, an organization may consider the nature and length of the treatment relationship, the amount of evidence in support of the opinion, the opinion's consistency with the record, possible bias, whether the doctor specializes in the issues relevant to the opinion, and other relevant factors.

Rustad v. Rustad 2013 ND 185
Docket No.: 20130105
Filing Date: 10/22/2013
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: In determining primary residential responsibility, the district court is required to consider all of the best interest factors and make findings with sufficient specificity to enable the reviewing court to understand the factual basis for the court's decision.
Parental alienation is a significant factor in determining primary residential responsibility.

State v. Howard 2013 ND 184
Docket No.: 20120422
Filing Date: 10/22/2013
Case Type: Appeal - Criminal - Homicide
Author: VandeWalle, Gerald

Highlight: Issues not raised at the trial court level, even constitutional issues, generally will not be addressed for the first time on appeal.
The district court should generally wait to rule on a motion for a change of venue until after voir dire has been conducted to determine whether it is possible to select a fair and impartial jury.
In reviewing a sufficiency of the evidence claim, a criminal judgment will be affirmed if the judgment is supported by substantial evidence.

State v. Whitman 2013 ND 183
Docket No.: 20120374
Filing Date: 10/22/2013
Case Type: Appeal - Criminal - Misc. Felony
Author: Maring, Mary

Highlight: Plain error under N.D.R.Crim.P. 52(b) may be noticed by the Court on its own motion.
N.D.R.App.P. 2 may be invoked to avoid manifest injustice and provide a defendant with the same relief granted his codefendant.
A defendant's use of the word lawyer during an interview is ambiguous when coupled with conduct evidencing the defendant wishes not to remain silent.