Opinions

Ford Motor Credit Co. v. Halvorson 2013 ND 216
Docket No.: 20130188
Filing Date: 11/21/2013
Case Type: Appeal - Civil - Debtor/Creditor
Author: VandeWalle, Gerald

Highlight: A party may renew a judgment by either complying with the affidavit procedure under N.D.C.C. 28-20-21 or commencing a separate action on the judgment.

Estates of Shubert 2013 ND 215
Docket No.: 20120276
Filing Date: 11/21/2013
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Maring, Mary

Highlight: An appeal is moot if no actual controversy exists because subsequent events have made it impossible for the court to provide effective relief.
In an unsupervised probate of an estate, each proceeding before a court is independent of any other proceeding involving the same estate, and a concluding order on a petition to remove a personal representative is appealable without a certification under N.D.R.Civ.P. 54(b).
The decision on a petition to remove a personal representative lies within the district court's discretion.

Moore v. State 2013 ND 214
Docket No.: 20130196
Filing Date: 11/21/2013
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Kapsner, Carol

Highlight: On appeal of a summary dismissal of an application for postconviction relief, a reviewing court must determine whether or not the information available to the district court, when viewed in a light most favorable to the opposing party, precludes the existence of a genuine issue of material fact and entitles the moving party to summary dismissal as a matter of law.
A claim of ineffective assistance of counsel is more effectively presented in a postconviction proceeding than in a direct appeal.

State v. Blagen 2013 ND 213
Docket No.: 20130203
Filing Date: 11/21/2013
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Criminal judgment for possession of marijuana with intent to deliver and possession of drug paraphernalia is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).

Wald v. Holmes 2013 ND 212
Docket No.: 20130124
Filing Date: 11/21/2013
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: The doctrine of res judicata should not be strictly applied to preclude the trial court from hearing for the first time relevant primary residential responsibility-related evidence bearing on considerations of what is in a child's best interests.
A truthful affidavit may not be subsequently withdrawn from evidence when the affiant seeks withdrawal merely because she no longer wishes to be involved in a case.
In determining whether a prima facie case justifying modification of primary residential responsibility has been established, unless the opposing party's counter-affidavits conclusively establish the moving party's allegations have no credibility, the court must accept the truth of the moving party's allegations.
A district court's award of attorney fees is abuse of discretion when the district court did not apply the correct law in deciding substantive issues, and a party's claims were not frivolous when examined under the correct legal standards.

Adoption of I.R.R. (CONFIDENTIAL) 2013 ND 211
Docket No.: 20130287
Filing Date: 11/21/2013
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Kapsner, Carol

Highlight: A parent's parental rights may be terminated by a court order in connection with an adoption action if the parent abandoned the child.

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).