Recent Opinions
Stancel v. Stancel, et al. 2024 ND 12 Highlight: A district court divorce judgment and order denying cross motions for contempt are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
Plaisimond v. State 2024 ND 11 Highlight: A district court’s order for denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
Estate of Lindberg 2024 ND 10
Highlight: Before we consider the merits of an appeal, we must first confirm we have jurisdiction. A motion filed under N.D.R.Civ.P. 59(j) and 60(b)(6) within 28 days of the notice of entry of judgment or order tolls the time to appeal under N.D.R.App.P. 4(a)(3)(A)(iv) and (vi). |
State v. Williamson 2024 ND 7 Highlight: Section 12.1-32-02(2), N.D.C.C., requires a district court include any credit for sentence reductions in the criminal judgment. |
State v. Salou 2024 ND 6
Highlight: Rule 28(b)(7)(B), N.D.R.App.P., requires an appellant’s brief to have a statement of the applicable standard of review and a citation to the record showing that the issue was preserved for review, or a statement of grounds for seeking review of an issue that was not preserved. A preserved evidentiary issue is reviewed under the abuse of discretion standard, and an unpreserved evidentiary issue is reviewed for obvious error. |
State v. Gietzen 2024 ND 5
Highlight: The State’s accompanying statement filed with the notice of appeal must explain the relevance of the suppressed evidence and not merely paraphrase the statutory language. But the Court may consider the appeal if the facts clearly demonstrate the relevance of the suppressed evidence. |
State v. Gonzalez 2024 ND 4
Highlight: The August 1, 2021 amendment to N.D.C.C. § 12.1-32-07(6) does not apply retroactively. |
Yalartai v. Miller, et al. 2024 ND 3 Highlight: An order issued without notice to the parties is not appealable under N.D.C.C. § 28-27-02(7). Relief from an order made without notice must first be sought in the district court. |
Larson Latham Huettl v. Vetter 2024 ND 2
Highlight: An appeal from a district court judgment entered after a bench trial on a claim for unpaid legal fees and counterclaim is affirmed, and remanded for consideration of attorney’s fees for this appeal. |
State v. A.J.H. 2024 ND 1 Highlight: A district court order transferring the matter to juvenile court is not an order quashing an information providing the State the right to appeal. |