Opinions

Otten v. Otten, et. al. 2023 ND 134
Docket No.: 20230019
Filing Date: 7/19/2023
Case Type: Appeal - Civil - Child Support
Author: Bahr, Douglas Alan

Highlight: A district court judgment dividing marital property, weighing the best interest factors and awarding parenting time is affirmed.

A district court has broad discretion over the progress and conduct of a trial, and the determination whether to grant a continuance lies within the sound discretion of the district court.

Under N.D.R.App.P. 38, this Court may award attorney’s fees if the appeal is frivolous. An appeal is frivolous if it is flagrantly groundless, devoid of merit, or demonstrates persistence in the course of litigation which evidences bad faith.

Dogbe v. Dogbe, et al. 2023 ND 133
Docket No.: 20230037
Filing Date: 7/19/2023
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: To modify a primary residential responsibility order within the two-year period following the entry of the order the movant must make a prima facie case showing the requirements under N.D.C.C. § 14-09-06.6(5).

The district court can grant relief from an order if the party shows any of the reasons necessary for relief under N.D.R.Civ.P. 60(b).

Attorney's fees awarded by the district court will be reversed if the court abused its discretion.

Hagen v. N.D. Insurance Reserve Fund 2023 ND 132
Docket No.: 20230025
Filing Date: 7/19/2023
Case Type: Original Proceeding - Civil - Writ of Mandamus
Author: Jensen, Jon J.

Highlight: A district court’s review of in-camera documents is reviewed for an abuse of discretion.

A district court’s conclusion that attorney work product meets the potential liability exception under N.D.C.C. § 44-04-19.1(8) must include a finding that the records relate to circumstances for which there remains a genuine potential for liability.

A public entity that has a legal duty to defend its member agencies may be able to demonstrate that attorney work product is exempt from disclosure if disclosure would reveal records that relate to circumstances for which there remains a genuine potential for liability.

A district court must follow the pronouncements of an appellate court on legal issues in subsequent proceedings of the case.

State v. Knight 2023 ND 130
Docket No.: 20230020
Filing Date: 7/19/2023
Case Type: Appeal - Criminal - Sexual Offense
Author: McEvers, Lisa K. Fair

Highlight: A motion for new trial is reviewed for abuse of discretion.

Whether a jury verdict was coerced depends on the totality of the circumstances.

The district court does not abuse its discretion when it does not consider a juror declaration pertaining to the mental process of a juror during deliberations when deciding a motion for new trial.

Fleck v. Fleck, et al. 2023 ND 129
Docket No.: 20230011
Filing Date: 7/19/2023
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Mickelson, et al. v. City of Rolla 2023 ND 128
Docket No.: 20230009
Filing Date: 7/7/2023
Case Type: Appeal - Civil - Other
Author: Tufte, Jerod E.

Highlight: If an entity violates section 44-04-18, N.D.C.C., an interested person or entity may not file a civil action seeking attorney’s fees or damages, or both, until at least three working days after providing notice of the alleged violation to the chief administrative officer for the public entity under N.D.C.C. § 44-04-21.2(3).

State v. Graff 2023 ND 127
Docket No.: 20220348
Filing Date: 7/7/2023
Case Type: Appeal - Criminal - Sexual Offense
Author: Jensen, Jon J.

Highlight: Dismissal of a criminal case with prejudice is a remedy that should only be used in extreme circumstances.

In order to dismiss a criminal case with prejudice, a district court must make a finding of bad faith, harassment, or prosecutorial misconduct, and this finding must be supported by clear and convincing evidence.

The State must be provided with notice, and an opportunity to respond, and lesser alternative sanctions must be considered before a district court may dismiss with prejudice.

It is an abuse of discretion when a district court fails to consider whether lesser sanctions are available or appropriate before dismissing a criminal case with prejudice.

State v. Graff 2023 ND 127
Docket No.: 20220348
Filing Date: 7/7/2023
Case Type: Appeal - Criminal - Sexual Offense
Author: Jensen, Jon J.

Interest of Gehlhoff 2023 ND 126
Docket No.: 20230005
Filing Date: 7/7/2023
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Tufte, Jerod E.

Highlight: When a district court concludes that an individual has a serious difficulty controlling behavior, its findings must identify recent conduct or describe anything that shows the individual has a “present serious difficulty controlling his behavior.”

State v. Sullivan 2023 ND 125
Docket No.: 20220337
Filing Date: 7/7/2023
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Tufte, Jerod E.

Highlight: When making an arrest without a warrant, the officer shall inform the person to be arrested of the officer’s authority and the cause of the arrest, unless an exception under N.D.C.C. § 29-06-17 applies.

Relevant factors in determining whether probable cause to arrest a person for a DUI exists include the detection of the odor of alcohol, observation of signs of impairment, the failure of one or more field sobriety tests, the individual has red and bloodshot eyes, an admission to having consumed an alcoholic beverage, the failure of the HGN test, a traffic violation, or erratic driving.