Opinions

Schrodt v. Schrodt, et al. 2022 ND 64
Docket No.: 20210211
Filing Date: 3/17/2022
Case Type: CHILD CUST & SUPPORT (Div.\Other)
Author: VandeWalle, Gerald W.

Highlight: The district court did not abuse its discretion when it denied the request for a continuance.

The district court’s property valuations were not clearly erroneous.

An award of parenting time with appropriate restrictions is not clearly erroneous when based on evidence in the record.

When a child support obligor is underemployed, the district court is permitted under the child support guidelines to impute income to the obligor.

The district court has inherent authority to award attorney’s fees as a sanction for a litigant’s misconduct.

Twin City Technical, et al. v. Williams Cty, et al. 2022 ND 63
Docket No.: 20210157
Filing Date: 3/17/2022
Case Type: OIL, GAS AND MINERALS
Author: Tufte, Jerod E.

Highlight: The law of the case doctrine applies when an appellate court has decided a legal question and remanded to the district court for further proceedings, and a party cannot on a second appeal relitigate issues which were resolved by the Court in the first appeal or which would have been resolved had they been properly presented in the first appeal. The mandate rule requires the district court to follow the appellate court’s pronouncements on legal issues in subsequent proceedings in the case and to carry the appellate court’s mandate into effect according to its terms.

Laches is a delay or lapse of time in commencing an action that works a disadvantage or prejudice to the adverse party because of a change in conditions during the delay.

A court has broad discretion under N.D.C.C. § 32-03-05 in determining whether to award prejudgment interest.

In an equitable proceeding there is no absolute right to a trial by jury.

Under N.D.R.Civ.P. 37(a)(1), a party moving for an order compelling discovery must certify that it has in good faith conferred or attempted to confer with the person or party failing to make discovery in an effort to obtain it without court action. The Court reviews an order compelling discovery under the abuse of discretion standard.

A district court is considered an expert in determining the amount of attorney’s fees, and its decision concerning the amount and reasonableness of the attorney’s fees will not be overturned on appeal absent a clear abuse of discretion. Electronic legal research fees are a component of attorney’s fees and cannot be separately taxed as expenses.

Adoption of A.A.H. 2022 ND 62
Docket No.: 20220045
Filing Date: 3/17/2022
Case Type: TERMINATION/PARENTAL RIGHTS
Author: Per Curiam

Highlight: An adoption decree terminating a father’s parental rights and granting a petition for adoption is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Canerdy v. Canerdy, et al. 2022 ND 61
Docket No.: 20210262
Filing Date: 3/17/2022
Case Type: CHILD CUST & SUPPORT (Div.\Other)
Author: VandeWalle, Gerald W.

Highlight: A district court’s contempt decision will only be disturbed on appeal if the court abused its discretion.

Technical violations of a court order do not necessarily require a finding of contempt.

A party seeking to modify primary residential responsibility who provides competent evidence demonstrating a prima facie case for modification is entitled to an evidentiary hearing.

Fourth v. State 2022 ND 60
Docket No.: 20210285
Filing Date: 3/17/2022
Case Type: POST-CONVICTION RELIEF
Author: Per Curiam

Highlight: A district court order denying post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Bazile 2022 ND 59
Docket No.: 20210261
Filing Date: 3/17/2022
Case Type: SEXUAL OFFENSE
Author: Crothers, Daniel John

Highlight: In reviewing a claim of prosecutorial misconduct, this Court first determines whether the prosecutor’s actions were misconduct, then examines whether the misconduct had a prejudicial effect.

A curative jury instruction generally removes prejudice caused by improper statements because the jury is presumed to follow a court’s instruction.

The North Dakota Rules of Criminal Procedure do not require a district court to state findings on the record when a motion is made during trial.

Interest of T.H. 2022 ND 58
Docket No.: 20220027
Filing Date: 3/17/2022
Case Type: TERMINATION/PARENTAL RIGHTS
Author: Per Curiam

Highlight: Juvenile court orders terminating parental rights are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Kaspari v. Kaspari 2022 ND 57
Docket No.: 20210192
Filing Date: 3/17/2022
Case Type: DIVORCE/PROPERTY DIV./ALIMONY
Author: VandeWalle, Gerald W.

Highlight: When spousal support is awarded, the district court is not required to provide a detailed calculation of the requesting spouse’s need for support, but the court is required to provide a discernable basis for its decision.

State v. Almklov 2022 ND 56
Docket No.: 20210162
Filing Date: 3/17/2022
Case Type: MISC. STATUTORY OFFENSE (FELONY)
Author: Per Curiam

Highlight: Criminal judgments entered after a jury found the defendant guilty of attempted murder, aggravated assault with a dangerous weapon, two counts of providing false information to law enforcement, burglary, and theft of property are summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7).

State v. Schuh 2022 ND 55
Docket No.: 20210257
Filing Date: 3/17/2022
Case Type: HOMICIDE
Author: Per Curiam

Highlight: A criminal judgment entered after a jury found the defendant guilty of attempted murder is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).