Opinions

State v. Tresenriter (Consolidated w/20120027-20120049 & 20120057) 2012 ND 240
Docket No.: 20120026
Filing Date: 11/27/2012
Case Type: Appeal - Criminal - Assault
Author: VandeWalle, Gerald

Highlight: A party who fails to object at trial to admission of offered evidence waives the objection and may not on appeal challenge admission of the evidence.
A defendant alleging obvious error has the burden to demonstrate plain error that affected his substantial rights, and the error must be a clear deviation from an applicable legal rule under current law.

Schwab v. Zajac 2012 ND 239
Docket No.: 20120172
Filing Date: 11/27/2012
Case Type: Appeal - Civil - Real Property
Author: Crothers, Daniel John

Highlight: A party who voluntarily pays a judgment waives the right to appeal from the judgment.
Evidence of settlement negotiations is not admissible to prove liability for a claim that is disputed as to either the validity or the amount.
Error may not be predicated upon an exclusion of evidence unless a substantial right is affected and the substance of the evidence was made known to the trial court in an offer of proof.
A self-represented litigant is held to the same procedural rules as a litigant represented by counsel.
A plaintiff in a quiet title action involving a slander of title claim is entitled to attorney fees on appeal in defending a favorable judgment.

Holkesvig v. Welte (cons. w/20120204-205) (cross-ref listed in memo screen) 2012 ND 236
Docket No.: 20120203
Filing Date: 11/27/2012
Case Type: Appeal - Civil - Other
Author: Per Curiam

Highlight: A district court judgment finding plaintiff in contempt is summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (4).

Interest of A.J.L.H. (Confidential) (consolidated w/20120383-20120385) 2012 ND 235
Docket No.: 20120382
Filing Date: 11/27/2012
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

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

Keita v. Keita 2012 ND 234
Docket No.: 20110252
Filing Date: 11/27/2012
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: Parenting time with a noncustodial parent may be curtailed or eliminated entirely if it is likely to endanger the child's physical or emotional health. A restriction on parenting time must be supported by a preponderance of the evidence and accompanied by a detailed demonstration of the physical or emotional harm likely to result from visitation.
An award of supervised parenting time based on a finding that a party is a flight risk must be supported by specific evidence that the parent has an intent to abscond or flee with the child or that the parent has hindered the other parent's custody of the child.
A district court errs in reserving jurisdiction to award spousal support only to ensure future compliance with its property division and attorney fees award.

Interest of G.L.D. (CONFIDENTIAL) (cross-reference w/20100230) 2012 ND 233
Docket No.: 20120175
Filing Date: 11/27/2012
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

Highlight: Order denying request for discharge from civil commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Waslaski v. State (consolidated w/ 20120292 & 20120293, cross reference in memo) 2012 ND 232
Docket No.: 20120291
Filing Date: 11/27/2012
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

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

Jordet, et al. v. Jordet 2012 ND 231
Docket No.: 20120185
Filing Date: 11/5/2012
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: The equitable remedy of setoff will be exercised to promote substantial justice and rests largely in the sound discretion of the district court.
Generally, a person who has been denied one remedy by a court is not prohibited from pursuing other available remedies.

State v. Jirinzu 2012 ND 230
Docket No.: 20120247
Filing Date: 10/25/2012
Case Type: Appeal - Criminal - Theft
Author: Per Curiam

Highlight: A district court criminal judgment revoking David Jirinzu's probation and sentencing him to eighteen months of imprisonment is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and 35.1(a)(7).

State v. Kirkpatrick 2012 ND 229
Docket No.: 20110312
Filing Date: 10/23/2012
Case Type: Appeal - Criminal - Misc. Felony
Author: Kapsner, Carol

Highlight: A criminal information needs to be sufficient enough to provide a defendant notice of the charge against him, to enable him to prepare a defense, and to plead the result in bar of a subsequent prosecution for the same offense.
Extreme emotional disturbance is a mitigating factor, and its application becomes attenuated as the amount of time between its triggering event and the crime increases.