Opinions

Quamme v. Quamme 2022 ND 124
Docket No.: 20220034
Filing Date: 6/8/2022
Case Type: Appeal - Civil - Divorce - Property
Author: McEvers, Lisa K. Fair

Highlight: An appellate court’s jurisdiction generally attaches upon the filing of a notice of appeal and is not relinquished until the court issues its mandate.

An order or judgment entered by the district court without jurisdiction is void.

Interest of A.C. (CONFIDENTIAL) 2022 ND 123
Docket No.: 20220081
Filing Date: 9/15/2022
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: While this Court defers to a tribe on its membership determinations, without consistent and clear factual findings supporting the application of ICWA and North Dakota heightened review for Indian families, this Court is unable to determine the father’s issues on appeal.

The Court retains jurisdiction and remands for the juvenile court to clarify its findings on ICWA and heightened state law and to hold additional evidentiary proceedings if necessary.

Interest of A.C. (CONFIDENTIAL) 2022 ND 123
Docket No.: 20220081
Filing Date: 6/8/2022
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Lehnerz, et al. v. Christopher 2022 ND 122
Docket No.: 20210353
Filing Date: 6/8/2022
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: A disorderly conduct restraining order is reviewed for an abuse of discretion.

Disorderly conduct means intrusive or unwanted acts, words, or gestures that are intended to adversely affect the safety, security, or privacy of another person.

There are limits on free speech and not all speech is constitutionally protected.

Lehnerz, et al. v. Christopher 2022 ND 122
Docket No.: 20210353
Filing Date: 6/8/2022
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

State v. Frohlich 2022 ND 121
Docket No.: 20210303
Filing Date: 6/8/2022
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

State v. Frohlich 2022 ND 121
Docket No.: 20210303
Filing Date: 6/8/2022
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: A criminal judgment entered after a jury found a defendant guilty of gross sexual imposition is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Tergesen 2022 ND 120
Docket No.: 20210309
Filing Date: 6/8/2022
Case Type: Appeal - Criminal - Theft
Author: Per Curiam

Highlight: A district court’s restitution order is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

State v. Tergesen 2022 ND 120
Docket No.: 20210309
Filing Date: 6/8/2022
Case Type: Appeal - Criminal - Theft
Author: Per Curiam

Blue Appaloosa v. NDIC 2022 ND 119
Docket No.: 20210292
Filing Date: 6/8/2022
Case Type: Appeal - Civil - Administrative Proceeding
Author: Tufte, Jerod E.

Highlight: The Industrial Commission’s jurisdiction does not depend solely on the filing of an application, but instead on the jurisdictional fact of intent. The Commission has the authority and duty to investigate potential violations of its regulations, including a failure to obtain a permit or file a bond.

The Commission has regularly pursued its authority, and its findings and conclusions that an operator began construction on a treating plant prior to obtaining a permit or filing a bond in violation of N.D. Admin. Code ch. 43-02-03 are sustained by the law and by substantial and credible evidence.