Opinions

Weber v. NDDOT 2024 ND 37
Docket No.: 20230354
Filing Date: 3/7/2024
Case Type: Appeal - Civil - Administrative Proceeding
Author: Crothers, Daniel John

Highlight: A driver arrested for driving under the influence of alcohol was provided a reasonable opportunity to consult with counsel when he was permitted to use his cellphone to call a third party to help contact an attorney and made no additional requests or attempts to contact counsel.

Interest of J.C. (CONFIDENTIAL)(consolidated w/ 20230378) 2024 ND 36
Docket No.: 20230377
Filing Date: 3/7/2024
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

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.

Disciplinary Board v. Pilch 2024 ND 35
Docket No.: 20240023
Filing Date: 2/22/2024
Case Type: Discipline - Attorney - Disbarment
Author: Per Curiam

Highlight: Lawyer disbarred.

Garaas, et al. v. Petro-Hunt 2024 ND 34
Docket No.: 20230200
Filing Date: 2/22/2024
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Bahr, Douglas Alan

Highlight: A dismissal without prejudice is appealable if the judgment has the practical effect of terminating litigation in the plaintiffs’ chosen forum.

Administrative exhaustion is required when the issues raised in the case are within the jurisdiction of an administrative agency and there are issues of fact in dispute.

State v. Rinde 2024 ND 33
Docket No.: 20230285
Filing Date: 2/22/2024
Case Type: Appeal - Criminal - Misc. Felony
Author: Bahr, Douglas Alan

NDIC v. Gould, et al. 2024 ND 32
Docket No.: 20230188
Filing Date: 2/22/2024
Case Type: Appeal - Civil - Foreclosure
Author: Crothers, Daniel John

Highlight: Lien priority usually is based on its date of perfection.

North Dakota follows the "American Rule" by which successful litigants are not allowed to recover attorney's fees unless authorized by contract or statute.

Appeals involving questions of first impression typically are not frivolous.

Nelson v. Nelson, et al. 2024 ND 31
Docket No.: 20230264
Filing Date: 2/22/2024
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: A district court must weigh all four Stout-Hawkinson factors when determining whether a moving parent can relocate to a different state with the children.

Williams v. Vraa, et al. 2024 ND 30
Docket No.: 20230248
Filing Date: 2/22/2024
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: A court’s determination that a petitioner did not establish a prima facie case to support an award of nonparent visitation is reviewed de novo.

When we interpret and apply provisions in a uniform law, it must be construed to effectuate its general purpose and we may look to official editorial board comments for guidance.

When considering whether a parent is a consistent caretaker, the 12-month requirement of N.D.C.C. § 14-09.4-03(2)(a) need not be consecutive months and need not be immediately preceding the petition when the nonparent caretaker continues significant contact with the child.

A party seeking a nonparent visitation is entitled to an evidentiary hearing if he presents a prima facie case by alleging, with supporting declarations, sufficient facts which, if uncontradicted, would support an award of nonparent visitation. In determining whether a prima facie case has been established, the trial court must accept the truth of the moving party’s allegations.

State v. Fischer 2024 ND 29
Docket No.: 20230239
Filing Date: 2/22/2024
Case Type: Appeal - Criminal - Theft
Author: Crothers, Daniel John

Highlight: A district court can accept a guilty plea without accepting a plea agreement. When considering a plea agreement, the court can reject a guilty plea until it accepts the plea agreement or sentences the defendant.

A defendant cannot receive the benefit of a bargained for plea agreement when the State and the defendant are not bound by the whole plea agreement.

The judge’s comments in court explaining his decision does not create bias when they are made before a jury is empaneled, the jury does not hear the comments, and the comments are not part of the jury’s deliberations.

Disciplinary Board v. Spencer 2024 ND 28
Docket No.: 20240012
Filing Date: 2/9/2024
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer suspended and placed on two-year suspension with conditions.