Opinions

Interest of J.N. (Confidential) (consolidated with 20120390) 2012 ND 256
Docket No.: 20120389
Filing Date: 12/18/2012
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Crothers, Daniel John

Highlight: A specific finding that the child is currently deprived is a necessary prerequisite to termination of parental rights under N.D.C.C. 27-20-44(1)(c).
An appellate court cannot properly review a decision if the trial court does not provide an adequate explanation of the basis for its decision.

Lund v. Lund, et al. 2012 ND 255
Docket No.: 20120210
Filing Date: 12/18/2012
Case Type: Appeal - Civil - Contracts
Author: Crothers, Daniel John

Highlight: The phrase "transacting any business in this state" in the long-arm jurisdiction provision under N.D.R.Civ.P. 4(b)(2)(A) must be given a broad, expansive interpretation.
Contacts sufficient to support personal jurisdiction under N.D.R.Civ.P. 4(b)(2) need not be current but may arise from past conduct, and personal jurisdiction may be exercised over a former resident for claims arising from activities she engaged in while previously residing in the state.

Interest of T.H. (CONFIDENTIAL)(cross reference with 20110084) 2012 ND 254
Docket No.: 20120168
Filing Date: 12/18/2012
Case Type: Appeal - Civil - Juvenile Law
Author: Crothers, Daniel John

Highlight: Unless a statute imposing a time limit declares that the time limit is jurisdictional, the time limit will not be treated as affecting the jurisdiction of a court or administrative agency.
Whether a child remains deprived is a finding of fact which will not be reversed on appeal unless it is clearly erroneous.

D.E. v. K.F., et al. (CONFIDENTIAL) 2012 ND 253
Docket No.: 20120069
Filing Date: 12/18/2012
Case Type: Appeal - Civil - Paternity
Author: Sandstrom, Dale

Highlight: A presumption of paternity arises when a man is married to the mother of a child and the child is born during the marriage.
Only a person for whose benefit a statute of limitations inures or someone standing in that person's place may take advantage of the statute. A statute of limitations defense may not be asserted by one party on behalf of another person.
In proceedings to adjudicate parentage, the court shall appoint a guardian ad litem to represent a minor or incapacitated child if the child is a party or if the court finds that the interests of the child are not adequately represented.

State v. Benefiel (Consolidated w/20120275) 2012 ND 252
Docket No.: 20120274
Filing Date: 12/18/2012
Case Type: Appeal - Criminal - Assault
Author: Per Curiam

Highlight: Two district court orders revoking a defendant's probation and resentencing him to five years' imprisonment are summarily affirmed under N.D.R.App.P 35.1(a)(2) and (4).

State v. Wolfgram 2012 ND 251
Docket No.: 20120286
Filing Date: 12/18/2012
Case Type: Appeal - Criminal - Homicide
Author: Per Curiam

Highlight: Criminal judgment sentencing defendant to imprisonment within statutory range summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).

Interest of Voisine (Cross-reference w/20090182 & 20100163) 2012 ND 250
Docket No.: 20120325
Filing Date: 12/18/2012
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).

Disciplinary Board v. McCray 2012 ND 249
Docket No.: 20120363
Filing Date: 12/3/2012
Case Type: Discipline - Attorney - Original Proceeding
Author:

Highlight: Lawyer suspension ordered.

Deyle v. Deyle 2012 ND 248
Docket No.: 20120157
Filing Date: 11/30/2012
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: District courts must look both forward and backward when making primary residential responsibility findings under N.D.C.C. 14-09-06.2(1)(d) after factor (d) was amended in 2009.
A district court's denial of attorney fees or interim child support must be explained.
A district court's denial of extended summer parenting time between a non-custodial parent and a child of sufficient age must be explained.

State v. Herzig 2012 ND 247
Docket No.: 20110304
Filing Date: 11/28/2012
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Sandstrom, Dale

Highlight: When a legitimate dispute exists as to whether a road is a public road by prescription, resolution should take place civilly and not in a criminal trespass action.