Opinions

Interest of R.S. 2024 ND 13
Docket No.: 20230410
Filing Date: 1/22/2024
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

Stancel v. Stancel, et al. 2024 ND 12
Docket No.: 20230287
Filing Date: 1/22/2024
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: A district court divorce judgment and order denying cross motions for contempt are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Plaisimond v. State 2024 ND 11
Docket No.: 20230252
Filing Date: 1/22/2024
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

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

Estate of Lindberg 2024 ND 10
Docket No.: 20230102
Filing Date: 1/22/2024
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Tufte, Jerod E.

Highlight: Before we consider the merits of an appeal, we must first confirm we have jurisdiction. A motion filed under N.D.R.Civ.P. 59(j) and 60(b)(6) within 28 days of the notice of entry of judgment or order tolls the time to appeal under N.D.R.App.P. 4(a)(3)(A)(iv) and (vi).

“Genetic father” means the man whose sperm fertilized the egg of a child’s genetic mother. If the father-child relationship is established under the presumption of paternity under subdivision a, b, or c of subsection 2 of section 14-20-07, the term means only the man for whom that relationship is established.

A presumption of paternity requires the presumptive father, for the first two years of the child’s life, to reside in the same household with the child and openly hold the child out as his own.

When the spouse of a genetic parent adopts an individual, the individual adoptee obtains a parent-child relationship with the adoptive step-parent but may still inherit from the other genetic parent.

Interest of J.C. (CONFIDENTIAL)(consolidated w/ 20230378) 2024 ND 9
Docket No.: 20230377
Filing Date: 1/22/2024
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Bahr, Douglas Alan

Highlight: A juvenile court errs when it relies on facts which are outside of the evidentiary record when exercising its discretion to terminate parental rights.

Hoover v. NDDOT 2024 ND 8
Docket No.: 20230226
Filing Date: 1/22/2024
Case Type: Appeal - Civil - Administrative Proceeding
Author: Bahr, Douglas Alan

Highlight: An administrative agency does not afford a petitioner a fair hearing when the agency receives exhibits into evidence without first providing the petitioner the opportunity to examine them.

State v. Williamson 2024 ND 7
Docket No.: 20230205
Filing Date: 1/10/2024
Case Type: Appeal - Criminal - Sexual Offense
Author: Bahr, Douglas Alan

Highlight: Section 12.1-32-02(2), N.D.C.C., requires a district court include any credit for sentence reductions in the criminal judgment.

State v. Williamson 2024 ND 7
Docket No.: 20230205
Filing Date: 1/10/2024
Case Type: Appeal - Criminal - Sexual Offense
Author: Bahr, Douglas Alan

State v. Salou 2024 ND 6
Docket No.: 20230196
Filing Date: 1/10/2024
Case Type: Appeal - Criminal - Misc. Felony
Author: Tufte, Jerod E.

Highlight: Rule 28(b)(7)(B), N.D.R.App.P., requires an appellant’s brief to have a statement of the applicable standard of review and a citation to the record showing that the issue was preserved for review, or a statement of grounds for seeking review of an issue that was not preserved. A preserved evidentiary issue is reviewed under the abuse of discretion standard, and an unpreserved evidentiary issue is reviewed for obvious error.

There was sufficient evidence for a jury to draw an inference reasonably tending to prove the charged offense.

State v. Gietzen 2024 ND 5
Docket No.: 20230181
Filing Date: 1/10/2024
Case Type: Appeal - Criminal - Misc. Felony
Author: Tufte, Jerod E.

Highlight: The State’s accompanying statement filed with the notice of appeal must explain the relevance of the suppressed evidence and not merely paraphrase the statutory language. But the Court may consider the appeal if the facts clearly demonstrate the relevance of the suppressed evidence.

The scope of a driver’s consent to search a vehicle may or may not extend to all property in the vehicle. Whether a driver’s consent to search a vehicle extends to particular containers within the vehicle may depend on whether the container has identifying markings or characteristics indicating ownership by someone other than the driver.

The State has the burden to prove a person consented to a search. To sustain a finding of consent, the State must show affirmative conduct by the person alleged to have consented that is consistent with the giving of consent, rather than merely showing that the person took no affirmative actions to stop the police from searching.