Opinions

Gilbert v. Gilbert 2007 ND 66
Docket No.: 20060306
Filing Date: 5/4/2007
Case Type: Appeal - Civil - Divorce
Author: Maring, Mary

Highlight: A custodial parent seeking to change the residence of a child to another state has the burden to prove, by a preponderance of the evidence, that the move is in the child's best interest.
It is reversible error for a court to fail to give sufficient credence to the importance of keeping the custodial family intact when deciding whether to allow a custodial parent to relocate with the child to another state.

Vogel, Weir, Hunke, and McCormick v. Serbus 2007 ND 65
Docket No.: 20070019
Filing Date: 5/3/2007
Case Type: Appeal - Civil - Contracts
Author: Per Curiam

Highlight: Contract dispute judgment summarily affirmed under N.D.R.App.P. 35.1(a)(1).

Stadheim v. Stadheim 2007 ND 64
Docket No.: 20060193
Filing Date: 5/1/2007
Case Type: Appeal - Civil - Divorce - Property
Author: Per Curiam

Highlight: The amended divorce judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Kostelecky v. Kostelecky (Cross-reference with 20050231) 2007 ND 63
Docket No.: 20060352
Filing Date: 5/1/2007
Case Type: Appeal - Civil - Divorce - Property
Author: Per Curiam

Highlight: Property division in a divorce is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Interest of D.M., a child CONFIDENTIAL 2007 ND 62
Docket No.: 20060236
Filing Date: 5/1/2007
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Sandstrom, Dale

Highlight: A lower court's decision to terminate parental rights is a question of fact that will not be overturned unless the decision is clearly erroneous.
A finding that someone "has issues" or "struggled with issues" is meaningless as a matter of law.
When there has been an extensive period during which efforts have been made to overcome a parent's inabilities to effectively parent, the courts cannot allow the children to remain in this indeterminate status midway between foster care and the obvious need for permanent placement.
A history of alcohol and drug abuse combined with numerous failed attempts at controlling the addiction, together with evidence of a failure to fully cooperate with social service workers to receive the necessary treatment and services to become a fit parent, demonstrates a very poor prognosis for a parent's ability to provide minimally adequate care for a child.
When the mental and physical health of a child are the concerns, it is not enough that a parent indicate a desire to improve. A parent must be able to demonstrate present capability, or capability within the near future, to be an adequate parent.

State v. Helton 2007 ND 61
Docket No.: 20060311
Filing Date: 5/1/2007
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Crothers, Daniel John

Highlight: A conviction rests upon insufficient evidence only when no rational factfinder could have found the defendant guilty beyond a reasonable doubt after viewing the evidence in a light most favorable to the prosecution and giving the prosecution the benefit of all inferences reasonably to be drawn in its favor.
To sustain a conviction of delivering alcohol to a minor, the State does not need to show actual physical delivery of alcohol to a minor. The statutory definition of delivery includes constructive and attempted transfers as well.

Holbach v. Dixon 2007 ND 60
Docket No.: 20060275
Filing Date: 5/1/2007
Case Type: Appeal - Civil - Other
Author: Kapsner, Carol

Highlight: A petition for a disorderly conduct restraining order must allege specific facts or threats that adversely affect the safety, security, or privacy of another person.
To comport with due process requirements in a disorderly conduct restraining order proceeding, a court can limit the petitioner's argument to the dates alleged and the facts contained in the petition.

State v. Georgeson 2007 ND 59
Docket No.: 20060211
Filing Date: 5/1/2007
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: A conviction for gross sexual imposition is summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (3).

Olsson v. Workforce Safety and Insurance, et al. 2007 ND 58
Docket No.: 20060371
Filing Date: 5/1/2007
Case Type: Appeal - Administrative - Workers Compensation
Author: Per Curiam

Highlight: A district court judgment affirming the decision of Workforce Safety and Insurance is summarily affirmed under N.D.R.App.P. 35.1(a)(5).

Hieb v. Hieb 2007 ND 57
Docket No.: 20060240
Filing Date: 5/1/2007
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: Divorce judgment dividing marital property and awarding spousal support, attorney fees, and costs is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).