Opinions

Molitor v. Molitor 2006 ND 163
Docket No.: 20040041
Filing Date: 7/18/2006
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

Highlight: A trial court's custody decision is a finding of fact that will not be set aside on appeal unless it is clearly erroneous.
A trial court's findings of fact in child custody cases should be stated with sufficient specificity to enable the appellate court to understand the factual basis for the court's decision.
The failure to raise the issue of judicial bias in the trial court precludes appellate court review on appeal.
When a party seeking modification of custody within two years of issuance of a custody order does not prove any of the grounds listed under N.D.C.C. 14-09-06.6(5) as a basis for modification, the trial court does not err in denying a motion to change custody.

Riemers v. State, et al. 2006 ND 162
Docket No.: 20050433
Filing Date: 7/18/2006
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Crothers, Daniel John

Highlight: Absent personal jurisdiction, a court is powerless to do anything beyond dismissing a case without prejudice.

Lautt v. Lautt 2006 ND 161
Docket No.: 20050373
Filing Date: 7/18/2006
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: The standard of review for child support determinations depends on the issue appealed: a de novo standard applies to questions of law; a clearly erroneous standard applies to questions of fact; and an abuse of discretion standard applies to discretionary matters.
A district court errs by failing to close the record following the hearing and to address a child support modification motion.

Witzke v. City of Bismarck 2006 ND 160
Docket No.: 20060113
Filing Date: 7/18/2006
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Kapsner, Carol

Highlight: A prosecutor is absolutely immune from liability for prosecutorial functions such as the initiation and pursuit of a criminal prosecution, the presentation of the State's case at trial, and other conduct intimately associated with the judicial process.
There is no private cause of action for perjury.

SPW Associates v. Anderson, et al. 2006 ND 159
Docket No.: 20050205
Filing Date: 7/18/2006
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Highlight: Principles of partnership law apply to a joint venture.
A joint venturer is an agent of the joint venture and has authority to grant a security interest in joint venture property.

City of Bismarck v. DePriest (Consolidated w/20060071 & 20060072) 2006 ND 158
Docket No.: 20060070
Filing Date: 7/18/2006
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: VandeWalle, Gerald

Highlight: Law enforcement officials may use persons under 21 years of age to attempt to purchase alcoholic beverages to conduct alcohol compliance checks.

Johnson v. Gehringer (cross-reference w/20010170) 2006 ND 157
Docket No.: 20050394
Filing Date: 7/18/2006
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Highlight: A district court's finding of contempt will not be overturned unless there is a clear abuse of discretion.
The interpretation of an amended judgment is a question of law which is fully reviewable on appeal.

Interest of K.H. (CONFIDENTIAL) 2006 ND 156
Docket No.: 20050305
Filing Date: 7/18/2006
Case Type: Appeal - Criminal - Juvenile Law
Author: Kapsner, Carol

Highlight: A juvenile's right to counsel can be waived even if the minor is of a young age, provided the juvenile is represented by the child's parent, guardian, or custodian.
Deference is given to a juvenile court's credibility determinations.

Spectrum Care v. Stevick, et al. 2006 ND 155
Docket No.: 20060018
Filing Date: 7/18/2006
Case Type: Appeal - Administrative - Unemployment/Job Service
Author: VandeWalle, Gerald

Highlight: A person is disqualified from receiving unemployment compensation benefits if the person is discharged for misconduct.
An employer has the burden to establish by a preponderance of the evidence that a terminated employee's actions constitute misconduct that disqualifies the employee from receiving unemployment compensation benefits.

Gietzen v. Gabel 2006 ND 153
Docket No.: 20050268
Filing Date: 7/18/2006
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: When there is credible evidence of domestic violence, it is the predominate factor in a child custody decision.
Specific findings and conclusions are required when a district court addresses whether evidence of domestic violence triggers the presumption against awarding custody of a child to a perpetrator of domestic violence.
When reciprocal domestic violence is claimed, a district court must make specific findings on the degree of violent behavior by each parent.