Opinions

Interest of H.J.J.N. 9.N.W3 d656
Docket No.: 20240060
Filing Date: 7/5/2024
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

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

Brown v. State 6.N.W3 d823
Docket No.: 20230364
Filing Date: 6/20/2024
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Bahr, Douglas Alan

Highlight: The definition of official detention does not preclude custody while on probation.

An unambiguous sentence pronouncement controls over an ambiguous sentence, whether oral or written.

When there is an ambiguity between two sentences, the record must be examined to determine the district court's intent.

Peltier v. State (consolidated w/20230392)
Docket No.: 20230391
Filing Date: 5/16/2024
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court's order on petitions is summarily affirmed under N.D.R.App.35.1(a)(2).

Vacancy in Judgeship No. 8, ECJD
Docket No.: 20240055
Filing Date: 4/23/2024
Case Type: Judicial Administration - Vacancy - Vacancy
Author: Per Curiam

Highlight: Vacancy retained at Fargo

Interest of J.C. (CONFIDENTIAL)(consolidated w/ 20230378) 002 N.W.3d 228
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.

Dimmler v. Dimmler, et al.
Docket No.: 20230154
Filing Date: 2/8/2024
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: Complete valuation of a remainder interest includes consideration of the debt secured by a mortgage on the real estate.

A court can value personal property within the range of evidence supplied. If parties fail to value, or give little value, to marital property, the district court may award no value to the property.

A district court must weigh the evidence to determine which parent will receive primary residential responsibility. This Court will not retry the district court’s findings on best interest factors.

A district court can impute wages under N.D. Admin. Code § 75-02-04.1-07(3) when a party is underemployed. If a party is employed, the court can impute wages if the party does not meet an exception under N.D. Admin. Code § 75-02-04.1-07(5).

A district court does not abuse its discretion by reserving the issue of interim child support, and later denying a retroactive award of child support, when the parties made equalizing payments for overall expenses.

Recovery of attorney's fees is addressed to the district court’s discretion.

Albertson v. Albertson 996 N.W.2d 662
Docket No.: 20230034
Filing Date: 12/1/2023
Case Type: Appeal - Civil - Other
Author: Bahr, Douglas Alan

Highlight: A district court must specially state facts when granting a disorderly conduct restraining order, which allow a reviewing court to understand the basis of the decision.

Section 28-26-01, N.D.C.C., applies to awards of attorney’s fees by the district court, not the Supreme Court.

State v. Brame 993 N.W.2d 338
Docket No.: 20230024
Filing Date: 11/24/2023
Case Type: Appeal - Criminal - Sexual Offense
Author: Jensen, Jon J.

Highlight: District courts must substantially comply with N.D.R.Crim.P. 11 to ensure a defendant knowingly and voluntarily enters a guilty plea.

The Court remands to provide the State the opportunity to file transcripts to prove the district court substantially complied with N.D.R.Crim.P. 11.

Legacie-Lowe v. Lowe 990 N.W.2d 592
Docket No.: 20220314
Filing Date: 8/2/2023
Case Type: Appeal - Civil - Other
Author: Jensen, Jon J.

Goetz v. Goetz, et al. 988 N.W.2d 553
Docket No.: 20220231
Filing Date: 7/7/2023
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair