Opinions

Heywood v. State 2023 ND 244
Docket No.: 20230223
Filing Date: 12/28/2023
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Everett v. State 2023 ND 243
Docket No.: 20230192
Filing Date: 12/28/2023
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Crothers, Daniel John

Highlight: An applicant for post-conviction relief has two years from when the conviction becomes final to apply for relief, unless newly discovered evidence is found.

Newly discovered evidence for purposes of post-conviction relief must establish that the applicant did not engage in conduct leading to the underlying conviction.

Gaede v. State 2023 ND 242
Docket No.: 20230269
Filing Date: 12/28/2023
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: An order denying a petition for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6).

Mathisen, et al. v. Becker-Johner 2023 ND 241
Docket No.: 20230263
Filing Date: 12/15/2023
Case Type: Appeal - Civil - Real Property
Author: Per Curiam

Highlight: A brief is deficient if it fails to raise a legal argument, including the authorities on which it relies. A district court order and judgment granting summary judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(8).

Mathisen, et al. v. Becker-Johner 2023 ND 241
Docket No.: 20230263
Filing Date: 12/15/2023
Case Type: Appeal - Civil - Real Property
Author: Per Curiam

Williams v. Williams, et al. 2023 ND 240
Docket No.: 20230201
Filing Date: 12/15/2023
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: Reopening the record is an evidentiary issue subject to the abuse of discretion standard.

If the obligor fails to provide reliable information regarding his gross income, and that information cannot be reasonably obtained from other sources, the court must impute income and apply the method providing the greatest amount.

District courts must use a source demonstrating statewide average earnings to determine the obligor’s income for child support calculations if the obligor fails to provide sufficient reliable information for determining the obligor’s income.

Whether to award attorney’s fees in conjunction with a discovery violation is generally within the discretion of the district court.

Grengs v. Grengs, et al. 2023 ND 239
Docket No.: 20230105
Filing Date: 12/15/2023
Case Type: Appeal - Civil - Divorce - Property
Author: Crothers, Daniel John

Highlight: A principal that allows an ostensible agent act with apparent authority may be bound by the agent’s actions.

A principal may expressly or impliedly ratify an ostensible agent’s acts by conduct or failure to timely disavow the acts.

A third party is required to exercise diligence and prudence in determining whether an agent acted for a principal.

N.D.C.C. § 35-03-05 provides a standard mortgage form.

Interest of J.M.M. (CONFIDENTIAL) 2023 ND 238
Docket No.: 20230348
Filing Date: 12/15/2023
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

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

Shift Services v. Ames Savage Water Solutions 2023 ND 237
Docket No.: 20230217
Filing Date: 12/15/2023
Case Type: Appeal - Civil - Contracts
Author: Jensen, Jon J.

Highlight: Once a contract has been entered into, mutual assent of the contracting parties is essential for any modification of the contract.

To establish a modification, the party asserting the modification must show that there was an agreement of the parties on all essential terms of the contract modification, and that the parties intended the new terms to alter the contract.

State v. Serdahl 2023 ND 236
Docket No.: 20230204
Filing Date: 12/15/2023
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: A criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(3).