Opinions

State v. Alameen 2024 ND 64
Docket No.: 20230320
Filing Date: 4/4/2024
Case Type: Appeal - Criminal - Sexual Offense
Author: Jensen, Jon J.

Highlight: When asserting a claim of obvious error, a defendant must show: (1) error; (2) that is plain; and (3) the error affects the defendant’s substantial rights, if there is no error there is no reason to go further into the analysis.

When the sufficiency of evidence to support a criminal conviction is challenged, the conviction rests on insufficient evidence only if no rational factfinder could have found the defendant guilty beyond a reasonable doubt when weighed in a light most favorable to the verdict.

State v. Alameen 2024 ND 64
Docket No.: 20230320
Filing Date: 4/4/2024
Case Type: Appeal - Criminal - Sexual Offense
Author: Jensen, Jon J.

Adoption of T.J.R. and B.L.R. (CONFIDENTIAL) 2024 ND 63
Docket No.: 20240056
Filing Date: 4/4/2024
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Tufte, Jerod E.

Highlight: A district court order terminating parental rights under N.D.C.C. § 14-15-19 is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

A district court finding of abandonment is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

A court may waive the investigation and report required under N.D.C.C. § 14-15-11 for a petition of adoption if the petitioner is a court-appointed legal guardian or a relative other than a stepparent of the minor, the minor has lived with the petitioner for at least nine months, no allegations of abuse or neglect have been filed against the petitioner or any member of the petitioner’s household, and the court is satisfied that the proposed adoptive home is appropriate for the minor.

For convenience or to avoid prejudice, the court may order a separate trial of one or more separate issues, claims, crossclaims, counterclaims, or third-party claims under N.D.R.Civ.P. 42(b).

Cote v. Cote 2024 ND 62
Docket No.: 20230274
Filing Date: 4/4/2024
Case Type: Appeal - Civil - Child Support
Author: Jensen, Jon J.

Highlight: If the district court determines a material change in circumstances has occurred, the court must consider whether changing primary residential responsibility is necessary to serve the child’s best interests. When a trial court does not make required findings, it errs as a matter of law, and it is necessary to remand for additional findings.

Interest of S.S.C. 2024 ND 61
Docket No.: 20240053
Filing Date: 4/4/2024
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: A juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

State v. Henke 2024 ND 60
Docket No.: 20230302
Filing Date: 4/4/2024
Case Type: Appeal - Criminal - Sexual Offense
Author: Crothers, Daniel John

Highlight: An invited error of a non-structural issue will not be reviewed by this Court under the Invited Error Doctrine.

A sentence is illegal when the sentence is not within statutory limits or the sentence is unable to be served within statutory limits.

A reviewing court must clearly understand the sentencing court’s intent for the sentence and there must be no ambiguity for when probation begins.

Urrabazo v. State 2024 ND 59
Docket No.: 20230317
Filing Date: 4/4/2024
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court’s order for denying an application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Hoever v. Wilder 2024 ND 58
Docket No.: 20230295
Filing Date: 4/4/2024
Case Type: Appeal - Civil - Divorce - Property
Author: McEvers, Lisa K. Fair

Highlight: An appellant’s argument must contain the appellant’s contentions and the reasons for them, with citations to the authorities and parts of the record on which the appellant relies, and citation to the record showing that the issue was preserved for review or a statement of grounds for seeking review of an issue not preserved. A party waives an issue by not providing supporting argument and, without supportive reasoning or citations to relevant authorities, an argument is without merit. The Court will not consider an argument that is not adequately articulated, supported, and briefed, or engage in unassisted searches of the record for evidence to support a litigant’s position.

Interest of J.D. (CONFIDENTIAL) 2024 ND 57
Docket No.: 20240059
Filing Date: 4/4/2024
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: A juvenile court’s order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Interest of S.B. 2024 ND 56
Docket No.: 20240043
Filing Date: 4/4/2024
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: A juvenile court’s order terminating parental rights is summarily affirmed under N.D.R.App.P 35.1(a)(2) and (4).