Opinions

Pesanti v. N.D. Dep't of Transportation 2013 ND 210
Docket No.: 20130116
Filing Date: 11/21/2013
Case Type: Appeal - Administrative - Department of Transportation
Author: Maring, Mary

Highlight: Continuous and gradual weaving significantly more pronounced than "slight" weaving, engine revving, and the time of day an incident occurred may all contribute to the totality of the circumstances providing an officer with a reasonable and articulable suspicion for a traffic stop.

Sateren v. Sateren (cross-referenced w/20120192) 2013 ND 209
Docket No.: 20130220
Filing Date: 11/21/2013
Case Type: Appeal - Civil - Divorce - Property
Author: Per Curiam

Highlight: District court order explaining and reaffirming an earlier order denying reallocation of marital property and debt in a divorce case is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

State v. Klamm 2013 ND 208
Docket No.: 20130136
Filing Date: 11/21/2013
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: Criminal judgment after a defendant conditionally pled guilty to driving under the influence is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Interest of T.D., a Child (CONFIDENTIAL) 2013 ND 207
Docket No.: 20130248
Filing Date: 11/21/2013
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: Juvenile court judgment terminating father's parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Interest of H.D. (Confidential) 2013 ND 206
Docket No.: 20130320
Filing Date: 11/21/2013
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

Highlight: Continuing treatment order and involuntary treatment with medication order summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Interest of C.N. (CONFIDENTIAL) 2013 ND 205
Docket No.: 20130231
Filing Date: 11/21/2013
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Crothers, Daniel John

Highlight: As part of a deprived child analysis, a parent must demonstrate present capability, or capability within the near future, to be an adequate parent.
The domestic relations chapter providing for continued child support payments despite the termination of parental rights may be read in concert with the termination of parental rights statute under the Uniform Juvenile Court Act, which does not contain such a provision.

State, et al. v. Eli 2013 ND 204
Docket No.: 20130227
Filing Date: 11/21/2013
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: Default judgment imputing minimum wage as basis for child support calculation for unemployed incarcerated obligor summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Newman v. State 2013 ND 203
Docket No.: 20130258
Filing Date: 11/21/2013
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: District court order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7).

State v. Klamm 2013 ND 202
Docket No.: 20130163
Filing Date: 11/21/2013
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: A district court judgment entered after a conditional guilty plea to driving under suspension is summarily affirmed under N.D.R.App.P. 35.1(a)(2), (3), and (7).

Davis v. State 2013 ND 201
Docket No.: 20130073
Filing Date: 11/21/2013
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court judgment summarily dismissing an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7).