Opinions

O'Hara v. Schneider 890 N.W.2d 831
Docket No.: 20160318
Filing Date: 6/29/2017
Case Type: Appeal - Civil - Child Support
Author: Tufte, Jerod E.

Highlight: Where the initial order establishing primary residential responsibility or parenting time included consideration of a pattern of domestic violence, a new domestic violence act by the same parent satisfies the "material change" prong as a matter of law.
When the original order establishing primary residential responsibility or parenting time is based on a stipulated agreement, district courts retain limited discretion to decide whether to consider relevant pre-custody evidence only if the previous judge issued court-made findings on such evidence.
In cases in which a party alleges domestic violence, the analysis requires consideration of the domestic violence factor under either N.D.C.C. § 14-09-06.2(1)(j) or N.D.C.C. § 14-09-29, depending on whether the case involves residential responsibility or parenting time, before turning to the additional best interests factors under § 14-09-06.2.
Any domestic violence negatively impacts the best interests of the children, regardless of whether the domestic violence was between the parents rather than directed at the children.

Interest of Nelson 889 N.W.2d 879
Docket No.: 20160113
Filing Date: 6/29/2017
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Kapsner, Carol

Highlight: For civil commitment as a sexually dangerous individual, substantive due process requires proof that the individual has serious difficulty controlling his behavior.
The district court must specifically state the facts on which it relied to determine that an individual has serious difficulty controlling his behavior.

Curtiss v. Curtiss 886 N.W.2d 565
Docket No.: 20160064
Filing Date: 3/20/2017
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: The district court may conduct the best interest analysis for each individual child before ordering modification of parenting time.
The district court must provide a detailed demonstration of the harm to a child's physical or emotional health when it determines suspending the parenting time of a non-custodial parent is in the best interests of the child.

Wojahn v. Levi 861 N.W.2d 173
Docket No.: 20140315
Filing Date: 2/16/2017
Case Type: Appeal - Administrative - Department of Transportation
Author: Per Curiam

Highlight: A district court judgment affirming a Department of Transportation hearing officer's decision suspending driving privileges is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Beylund v. Levi 859 N.W.2d 403
Docket No.: 20140133
Filing Date: 2/16/2017
Case Type: Appeal - Administrative - Department of Transportation
Author: Per Curiam

Highlight: The implied consent laws do not violate the Fourth Amendment, under the doctrine of unconstitutional conditions.

State v. Timm 881 N.W.2d 256
Docket No.: 20150332
Filing Date: 12/20/2016
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: DUI conviction is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

State v. Mann 876 N.W.2d 710
Docket No.: 20150069
Filing Date: 11/9/2016
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: North Dakota's criminal refusal statute is constitutional under the Fourth Amendment and North Dakota Constitution article I, section 8.
The authority to take judicial notice of prior offenses under N.D.C.C. 39-08-01(3) is limited to correcting errors or omissions in charging documents.

State v. Kordonowy 867 N.W.2d 690
Docket No.: 20140327
Filing Date: 9/15/2016
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: The implied consent statute criminalizing refusal to consent to chemical testing is not unconstitutional under the Fourth Amendment or N.D. Constitution article I, section 8, and it is not unconstitutionally vague.
The statutory right to refuse to submit to chemical testing is not a defense to the charge of refusal to submit to a chemical test.
The district court does not have a duty to draft a jury instruction requested by the defendant.

State v. Baxter 863 N.W.2d 208
Docket No.: 20140325
Filing Date: 9/15/2016
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

State v. Washburn 861 N.W.2d 173
Docket No.: 20140154
Filing Date: 9/15/2016
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: An order dismissing a criminal prosecution for refusing to submit to a chemical test for intoxication is summarily reversed under N.D.R.App.P. 35.1(b).