Opinions

State v. Dunn (consolidated w/20220209 & 20220210) 2023 ND 24
Docket No.: 20220208
Filing Date: 2/16/2023
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Jensen, Jon J.

Kitzan v. Kitzan, et al. 2023 ND 23
Docket No.: 20220110
Filing Date: 2/16/2023
Case Type: Appeal - Civil - Child Support
Author: Jensen, Jon J.

Highlight: A district court does not commit clear error when it determines that certain items and their valuations should be included in a marital estate if it relies on valuations within the range of evidence presented and at the time of separation.

A district court’s finding of economic misconduct may include unaccounted-for spending and dissipation of assets that occurs after a date of separation.

A district court’s denial of spousal support is not clear error when supported by facts within the record that demonstrate economic misconduct coupled with evidence showing the parties earn a similar income.

Kitzan v. Kitzan, et al. 2023 ND 23
Docket No.: 20220110
Filing Date: 2/16/2023
Case Type: Appeal - Civil - Child Support
Author: Jensen, Jon J.

Jensen v. Jensen, et al. 2023 ND 22
Docket No.: 20220238
Filing Date: 2/16/2023
Case Type: Appeal - Civil - Child Support
Author: Tufte, Jerod E.

Highlight: A movant must establish a prima facie case for a change of primary residential responsibility justifying a modification by alleging enough evidence for the fact finder to conclude that a material change in circumstances has occurred and that a modification is in the best interests of the children.

Jensen v. Jensen, et al. 2023 ND 22
Docket No.: 20220238
Filing Date: 2/16/2023
Case Type: Appeal - Civil - Child Support
Author: Tufte, Jerod E.

Interest of R.S. 2023 ND 21
Docket No.: 20230010
Filing Date: 2/16/2023
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

Highlight: An order for continued treatment is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Knutson v. Foughty, et al. 2023 ND 20
Docket No.: 20220296
Filing Date: 2/16/2023
Case Type: Original Proceeding - Civil - Writ of Supervision
Author: Bahr, Douglas Alan

Highlight: This Court exercises its authority to issue supervisory writs rarely and cautiously, and only to rectify errors and prevent injustice in extraordinary cases when no adequate alternative remedy exists.

Interest of G.V. (CONFIDENTIAL) (consolidated w/20220146) 2023 ND 19
Docket No.: 20220145
Filing Date: 2/16/2023
Case Type: Appeal - Criminal - Juvenile Law
Author: Tufte, Jerod E.

Highlight: Under N.D.C.C. § 27-20.1-11(1)(d), a juvenile court may appoint a guardian of a child if the court finds by clear and convincing evidence that the appointment is in the child’s best interest and the child is in need of protection.

Interest of G.V. (CONFIDENTIAL) (consolidated w/20220146) 2023 ND 19
Docket No.: 20220145
Filing Date: 2/16/2023
Case Type: Appeal - Criminal - Juvenile Law
Author: Tufte, Jerod E.

Hoffman v. Hoffman, et. al. 2023 ND 18
Docket No.: 20220142
Filing Date: 2/16/2023
Case Type: Appeal - Civil - Child Support
Author: Tufte, Jerod E.

Highlight: Unless an exception applies, a motion to modify primary residential responsibility filed within two years of the judgment establishing primary residential responsibility requires the movant to satisfy the heightened standard under N.D.C.C. § 14-09-06.6(3).

A district court’s decision on a motion to relocate is a finding of fact that will not be reversed on appeal unless clearly erroneous.

A district court is not required to hold a hearing under N.D.R.Ct. 3.2(a)(3) if a party does not request a hearing and secure a time for the hearing.

A district court is not required to consider an untimely declaration under N.D.R.Ct. 3.2(a)(2).