Opinions

Doepke v. Doepke 2009 ND 10
Docket No.: 20080142
Filing Date: 2/3/2009
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

Highlight: A court errs as a matter of law if it does not comply with the requirements of the child support guidelines when it determines a child support obligation.
Under the child support guidelines, a self-employed individual's child support obligation is generally calculated using an average of the individual's income for the most recent five-year period.
An issue may not be addressed if it is not included in the statement of the issues.

City of Fargo v. Lunday 2009 ND 9
Docket No.: 20080127
Filing Date: 2/3/2009
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Crothers, Daniel John

Highlight: Under N.D.R.Crim.P. 29(a), a defendant in a criminal jury trial must still make a motion for judgment of acquittal to preserve the issue of the sufficiency of the evidence for appeal.

State v. Scutchings 2009 ND 8
Docket No.: 20080125
Filing Date: 2/3/2009
Case Type: Appeal - Criminal - Misc. Felony
Author: VandeWalle, Gerald

Highlight: A prosecutor's comment during closing arguments that the government's evidence is uncontradicted or unrebutted is improper if the only person who could have rebutted the evidence was the defendant testifying on his or her own behalf, and the defendant has chosen not to testify at the trial.

State v. Walstad (Consolidated w/20080272 & 20080273) 2009 ND 7
Docket No.: 20080271
Filing Date: 2/3/2009
Case Type: Appeal - Criminal - Drugs/Contraband
Author:

Highlight: The district court's order denying defendant's motion for credit for time spent in custody is summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (2).

State v. Vick 2009 ND 6
Docket No.: 20080176
Filing Date: 2/3/2009
Case Type: Appeal - Criminal - Theft
Author: Per Curiam

Highlight: The district court's second amended judgment denying defendant's motion for additional credit for time spent in custody is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Geray v. Bertsch 2009 ND 5
Docket No.: 20060173
Filing Date: 2/3/2009
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: The district court's memorandum opinion and order denying defendant's motion to vacate is summarily affirmed under N.D.R.App.P. 35.1(a)(4), and plaintiff's request for attorney's fees on appeal is denied under N.D.R.App.P. 38.

Pribyl v. State 2009 ND 4
Docket No.: 20080185
Filing Date: 2/3/2009
Case Type: Appeal - Civil - Post-Conviction Relief
Author:

Highlight: Order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Huffling 2009 ND 3
Docket No.: 20080151
Filing Date: 2/3/2009
Case Type: Appeal - Criminal - Theft
Author: Per Curiam

Highlight: If a sentence imposed by a trial court is within the range authorized by statute, this Court does not have the power to review the discretion of the sentencing court.

State v. Cahoon 2009 ND 2
Docket No.: 20080173
Filing Date: 2/3/2009
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author:

Highlight: Judgment entered upon a jury verdict finding appellant guilty of violating a disorderly conduct restraining order is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Adoption of E.H.L. (CONFIDENTIAL) 2009 ND 1
Docket No.: 20080167
Filing Date: 2/2/2009
Case Type: Appeal - Civil - Adoption
Author:

Highlight: Judgment terminating father's parental rights and granting grandparents' petition to adopt the child is summarily affirmed under N.D.R.App.P. 35.1(a)(2).