Opinions

State v. Coons 2023 ND 115
Docket No.: 20220289
Filing Date: 6/21/2023
Case Type: Appeal - Criminal - Misc. Felony
Author: Tufte, Jerod E.

Asiama v. Asumeng, et al. 2023 ND 114
Docket No.: 20220307
Filing Date: 6/21/2023
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: The district court must value marital property as of the valuation date.

The court must determine the marital property’s total value before making an equitable distribution.

A district court has broad discretion over the conduct of trial and presentation of evidence, and may impose reasonable restrictions on the length of the trial and on the number of witnesses allowed.

Asiama v. Asumeng, et al. 2023 ND 114
Docket No.: 20220307
Filing Date: 6/21/2023
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Orwig v. Orwig (consolidated w/ 20220248) 2023 ND 113
Docket No.: 20220247
Filing Date: 6/21/2023
Case Type: Appeal - Civil - Divorce - Property
Author: Bahr, Douglas Alan

Highlight: While the district court may direct a party prepare and submit to the court a proposed summary real estate disposition judgment, nothing in the relevant statute prohibits a party from submitting a proposed summary real estate disposition judgment for the court’s consideration absent direction from the court to do so.

A district court generally does not retain jurisdiction to modify a final property distribution, but the court has broad equitable powers to redistribute property in a post-judgment proceeding when a party fails to comply with the terms of an order distributing property.

A party seeking a contempt sanction has the burden to clearly and satisfactorily prove the alleged contempt was committed. Whether contempt has been committed lies within the district court’s discretion.

The district court has discretion in deciding what interest rate to apply to a monetary award in a divorce action.

Damages and single or double costs, including reasonable attorney’s fees, may be awarded on appeal if an 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.

Orwig v. Orwig (consolidated w/ 20220248) 2023 ND 113
Docket No.: 20220247
Filing Date: 6/21/2023
Case Type: Appeal - Civil - Divorce - Property
Author: Bahr, Douglas Alan

State v. Lonechild 2023 ND 112
Docket No.: 20230032
Filing Date: 6/8/2023
Case Type: Appeal - Criminal - Misc. Felony
Author: Jensen, Jon J.

Highlight: A defendant may be charged with escape under N.D.C.C. § 12.1-08-06 if they are in custody at a facility for custody of persons under charge or conviction of an offense, leave while participating in a work release program, and fail to return to the facility.

“Official detention” as defined by N.D.C.C. § 12.1-08-06(3)(b) precludes only “supervision on probation” and “constraint incidental to release.” The definition of “official detention” does not preclude custody while on probation.

Glasser v. State 2023 ND 111
Docket No.: 20230013
Filing Date: 6/8/2023
Case Type: Appeal - Civil - Post-Conviction Relief
Author: McEvers, Lisa K. Fair

Highlight: Class A misdemeanors involving different crimes committed against different victims on different dates can be consecutively sentenced under N.D.C.C. § 12.1-32-11(3).

Whether a crime was committed as part of a different course of conduct is a mixed question of law and fact.

Interest of I.X.F. (CONFIDENTIAL) 2023 ND 110
Docket No.: 20230112
Filing Date: 6/8/2023
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: A juvenile court judgment terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

O'Neal v. State 2023 ND 109
Docket No.: 20220353
Filing Date: 6/8/2023
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Crothers, Daniel John

Highlight: A district court’s order denying a post-conviction relief application based on newly discovered evidence and ineffective assistance of counsel is affirmed.

To succeed on a post-conviction relief claim based on newly discovered evidence a defendant must show 1) evidence was discovered after trial, 2) the failure to learn about the evidence was not the result of defendant’s lack of diligence, 3) the newly discovered evidence was material to the issues, and 4) the weight and quality of the evidence would likely have resulted in an acquittal.

To prove post-conviction relief based on ineffective assistance of counsel an applicant must 1) show that counsel’s representation fell below an objective standard of reasonableness and 2) show that there was a reasonable probability that, but for the counsel’s unprofessional errors, the result of proceeding would have been different.

O'Neal v. State 2023 ND 109
Docket No.: 20220353
Filing Date: 6/8/2023
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Crothers, Daniel John