Opinions

State ex. rel. Schlect v. Wolff (Cross-reference with 20100034) 2011 ND 164
Docket No.: 20110036
Filing Date: 8/18/2011
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: The State has standing and is a real party in interest in child support proceedings if the State was initially a real party in interest in the action because the child received public assistance, the obligee assigned his or her right to child support to the State, the child support services case remained open after the child was no longer receiving public assistance, and the obligee has never requested the child support services case be closed.
A judgment that relieves an obligor of any current or future duty of child support and limits the power of the court to modify future child support is void and may not be enforced.

Smestad v. State 2011 ND 163
Docket No.: 20110006
Filing Date: 8/18/2011
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Maring, Mary

Highlight: A post-conviction claim for relief is barred by res judicata if it is a variation of a claim that has been rejected in prior proceedings.
A defendant claiming ineffective assistance of counsel must establish that counsel's representation fell below an objective standard of reasonableness and that the defendant was prejudiced by counsel's deficient performance.

Gaede v. State 2011 ND 162
Docket No.: 20100312
Filing Date: 8/18/2011
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Kapsner, Carol

Highlight: Arguments to a jury referencing biblical text or characters may be considered by courts to be improper.

Holkesvig v. Welte (Consolidated w/20100316 & 20100317) 2011 ND 161
Docket No.: 20100315
Filing Date: 8/18/2011
Case Type: Appeal - Civil - Other
Author: VandeWalle, Gerald

Highlight: A criminal proceeding has not terminated in the plaintiff's favor for purposes of maintaining a malicious prosecution action if the plaintiff has pleaded guilty to the underlying criminal charge.

James Valley Grain v. David 2011 ND 160
Docket No.: 20110050
Filing Date: 8/18/2011
Case Type: Appeal - Civil - Contracts
Author: Crothers, Daniel John

Highlight: A party must challenge an arbitration within ninety days from receiving a copy of the arbitration award unless the grounds for challenging the award are based on corruption, fraud, or other undue means.
Filing a motion to confirm an arbitration award does not extend the time limit for moving to vacate an arbitration award.

Paulson v. Paulson (Cross-reference w/20090225) 2011 ND 159
Docket No.: 20100399
Filing Date: 8/18/2011
Case Type: Appeal - Civil - Divorce - Property
Author: Kapsner, Carol

Highlight: A spousal support determination is a finding of fact, which will not be reversed on appeal unless it is clearly erroneous.
Issues not raised in the district court may not be raised for the first time on appeal.

Leverson v. Leverson 2011 ND 158
Docket No.: 20100396
Filing Date: 8/18/2011
Case Type: Appeal - Civil - Divorce - Property
Author: Kapsner, Carol

Highlight: Under the law of the case doctrine, a court's decision on legal issues should govern the same issues in later stages of the same case.
Interpretation of a judgment is a question of law, and an unambiguous judgment may not be modified, enlarged, restricted, or diminished.
Agreements between divorcing parties are encouraged and stipulated spousal support awards should be changed only with great reluctance.

State v. Clark (consolidated w/20100373) (cross-reference 20090235) 2011 ND 157
Docket No.: 20100372
Filing Date: 8/18/2011
Case Type: Appeal - Criminal - Theft
Author: Kapsner, Carol

Highlight: When sentences for separate offenses are merged under N.D.C.C. 12.1-32-11(1), they run concurrently and remain separate terms of imprisonment.
A delay in time between when a petition to revoke probation is filed and an arrest warrant is executed generally does not violate the probationer's due process rights, unless the probationer can show he was prejudiced by the delay.

Martinson v. Martinson 2011 ND 156
Docket No.: 20100339
Filing Date: 8/18/2011
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: In determining whether to award attorney fees and costs in a divorce action, the court must balance one party's needs against the other's ability to pay, and fault is a consideration only to the extent one party has unreasonably escalated the fees and costs.

State v. Pederson (Consolidated w/20100365) 2011 ND 155
Docket No.: 20100364
Filing Date: 8/18/2011
Case Type: Appeal - Criminal - Theft
Author: VandeWalle, Gerald

Highlight: When police have probable cause to arrest a suspect, the exclusionary rule does not bar the prosecution's use of a statement made by the defendant outside of his home, even though the statement is taken after an arrest made in the home and police unlawfully entered the home.
During an interrogation, a suspect must unambiguously invoke his right to counsel to stop the interrogation.