Opinions

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

Martinez v. State
Docket No.: 20220281
Filing Date: 3/31/2023
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Queen v. Martel, et al. 980 N.W.2d 914
Docket No.: 20220121
Filing Date: 2/23/2023
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Norberg v. Norberg, et al. 977 N.W.2d 711
Docket No.: 20220064
Filing Date: 1/5/2023
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Interest of A.C. (CONFIDENTIAL) 975 N.W.2d 567
Docket No.: 20220081
Filing Date: 9/15/2022
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Matter of Rose Henderson Peterson Mineral Trust 974 N.W.2d 372
Docket No.: 20210258
Filing Date: 9/15/2022
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Per Curiam