Opinions

Matter of D.V.A. (CONFIDENTIAL) 2009 ND 75
Docket No.: 20080319
Filing Date: 4/30/2009
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Sandstrom, Dale

Highlight: Absent a petition for discharge, a committed sexually dangerous individual does not have a right to a discharge hearing.
A district court's decision to hold a hearing following its review of the annual reevaluation reports regarding a committed sexually dangerous individual's mental condition is a matter of discretion and is therefore subject to an abuse of discretion standard of review.

Farmers Union Oil Company v. Smetana 2009 ND 74
Docket No.: 20080158
Filing Date: 4/30/2009
Case Type: Appeal - Civil - Real Property
Author: Kapsner, Carol

Highlight: Although an order granting summary judgment is not appealable, an attempted appeal from the order granting summary will be treated as an appeal from a subsequently entered consistent judgment, if one exists.
A motion for summary judgment is not an opportunity for the district court to conduct a mini-trial, and if there are disputed issues of material fact that require resolution by findings of fact, the party opposing summary judgment is entitled to present its evidence to a finder of fact in a full trial.
A deed may not be reformed to correct a mutual mistake if it would prejudice rights acquired by third persons in good faith and for value.
A third-party purchaser acts without good faith if he has actual or constructive notice of the specific defect to be cured by reformation of the deed.

Sailer v. Sailer 2009 ND 73
Docket No.: 20080114
Filing Date: 4/30/2009
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: A premarital agreement is not enforceable if it was not executed voluntarily; however, the party against whom enforcement is sought has the burden to prove it was not executed voluntarily.
In a premarital agreement, parties may contract to keep their property separate. If one spouse uses his or her earnings to support the other, such fact does not, alone, indicate he or she voluntarily waived the enforceability of the premarital agreement.
Section 14-03.1-06(2), N.D.C.C., does not preclude enforcement of a premarital agreement if a party does not prove that enforcement of the premarital agreement would cause him or her to be eligible for public assistance.
When a trial court discusses whether a premarital agreement is clearly unconscionable, its analysis requires complete factual findings about the parties' relative property values, the other resources, and forseeable needs of the spouse asserting the premarital agreement is unconscionable.
A trial court is required to determine the total value of the marital estate in order to make an equitable division of property.

Gowan v. Ward County Commission 2009 ND 72
Docket No.: 20080239
Filing Date: 4/30/2009
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: A local governing body's decision to deny a rezoning request will not be reversed unless the local body acted arbitrarily, capriciously, or unreasonably, or there is not substantial evidence supporting the decision.

Ude v. State (Consolidated w/20080304, 20080305 & 20080306) 2009 ND 71
Docket No.: 20080303
Filing Date: 4/30/2009
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Maring, Mary

Highlight: To avoid summary dismissal of an ineffective assistance of counsel claim, the post-conviction applicant must present some evidence that his counsel's performance fell below an objective standard of reasonableness, and he must overcome the presumption that his counsel's performance was within the broad range of reasonableness.
Once the State requests summary disposition, the petitioner is put on his proof and must provide evidentiary support for his application in response to the State's request.
A petitioner cannot claim the district court erred in denying him the opportunity to present witness testimony when the petitioner never informed the district court he had witnesses present to testify.
Failing to make an offer of proof at trial prevents a meaningful appeal on the issue of whether witnesses should have been allowed to testify.

Dronen v. Dronen 2009 ND 70
Docket No.: 20080110
Filing Date: 4/30/2009
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

Highlight: As a general rule, courts do not look favorably upon separating siblings in custody cases, although split custody is not prohibited.
A long-term marriage supports an equal property distribution.
If parties in a divorce action cannot agree upon the present value of a retirement account, it may be necessary to divide the future benefits using a formula that equally allocates the risks and benefits of the retirement.
Application of the Bullock formula is not required in every case involving retirement benefits. Instead, a district court should consider the facts of each case when deciding the best way to equitably divide the marital property.
A district court has the inherent power to sanction a litigant for misconduct.
When sanctioning a party, the district court should consider the culpability, or state of mind, of the party against whom sanctions are being imposed; a finding of prejudice against the moving party, and the degree of this prejudice, including the impact it has on presenting or defending the case; and, the availability of less severe alternative sanctions.

State v. Mitchell 2009 ND 69
Docket No.: 20080293
Filing Date: 4/30/2009
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: Criminal judgment for terrorizing summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Johnson v. Department of Transportation 2009 ND 68
Docket No.: 20080309
Filing Date: 4/30/2009
Case Type: Appeal - Administrative - Department of Transportation
Author: Per Curiam

Highlight: District court judgment affirming an administrative decision suspending driving privileges for three years after arrest for driving under the influence of alcohol is summarily affirmed under N.D.R.App.P. 35.1(a)(5).

State v. Tran 2009 ND 67
Docket No.: 20080240
Filing Date: 4/30/2009
Case Type: Appeal - Criminal - Drugs/Contraband
Author:

Highlight: Criminal judgment finding appellant guilty of possession of marijuana with intent to deliver and possession of ecstasy is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Mund 2009 ND 66
Docket No.: 20080266
Filing Date: 4/30/2009
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam

Highlight: Conviction for delivery of alcohol to a minor is summarily affirmed under N.D.R.App.P. 35.1(a)(3).