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State v. McAllister 2020 ND 48
Docket No.: 20190188
Filing Date: 2/27/2020
Case Type: ASSAULT
Author: Jensen, Jon J.

Highlight: The district court did not err when it limited cross-examination of a victim regarding the victim’s interest in obtaining restitution.

The district court did not err when it ordered the defendant to pay restitution for injuries the defendant was convicted of causing.

Northwest Grading, Inc. v. North Star Water, LLC, et al. 2020 ND 47
Docket No.: 20190128
Filing Date: 2/27/2020
Case Type: CONTRACTS
Author: Tufte, Jerod E.

Highlight: Rule 37(b)(2)(A)(ii), N.D.R.Civ.P., permits a district court to sanction a party in violation of a discovery order by prohibiting the disobedient party from supporting or opposing a claim or defense with evidence not disclosed under the discovery order.

Where there are offsetting damages awards between two parties, the proper method of calculating prejudgment interest is to first determine the net award and then determine interest on that net amount.

Smithberg v. Jacobson, et al. 2020 ND 46
Docket No.: 20190369
Filing Date: 2/27/2020
Case Type: WRIT OF SUPERVISION (Civil)
Author: Crothers, Daniel John

Highlight: When an appellate court remands a case for a trial without limitation, a party who previously stipulated to waive the right to a jury trial may demand a jury trial, unless the parties intended the stipulation to apply to any future trials or the right is otherwise limited by law.

Interest of G.L.D. 2020 ND 45
Docket No.: 20190179
Filing Date: 2/27/2020
Case Type: CIVIL COMMIT OF SEXUAL PREDATOR
Author: Per Curiam

Highlight: The district court must state the specific factual findings used in determining an individual is likely to reoffend and has serious difficulty controlling personal behavior and errs as a matter of law if the findings are insufficient or do not support the legal conclusion.

Interest of E.K. 2020 ND 44
Docket No.: 20200034
Filing Date: 2/27/2020
Case Type: MENTAL HEALTH
Author: Per Curiam

Highlight: A district court treatment order is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Benson 2020 ND 43
Docket No.: 20190278
Filing Date: 2/27/2020
Case Type: THEFT
Author: Per Curiam

Highlight: A district court judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2), (4), and (7).

Carlson v. Carlson 2020 ND 36
Docket No.: 20190187
Filing Date: 2/12/2020
Case Type: CHILD CUST & SUPPORT (Div.\Other)
Author: VandeWalle, Gerald W.

Highlight: Section 14-09-06.2(1)(j), N.D.C.C., creates a rebuttable presumption against awarding custody of a child to a perpetrator of domestic violence if certain criteria is met.
If competent evidence of domestic violence does not trigger the statutory presumption, the violence must be considered as one factor in deciding primary residential responsibility.
A district court’s findings and conclusions regarding the presumption should be sufficiently detailed to allow this Court to understand the basis for its decision.

Stevenson v. Biffert 2020 ND 42
Docket No.: 20190106
Filing Date: 2/12/2020
Case Type: CHILD CUST & SUPPORT (Div.\Other)
Author: Tufte, Jerod E.

Highlight: This Court does not reweigh the evidence or reassess the credibility of witnesses in a primary residential responsibility case.

A district court acquires subject matter jurisdiction over an issue when the particular issue to be decided is properly brought before the court.

Issues not raised in the pleadings may be tried by the parties’ express or implied consent.

State v. Gratton 2020 ND 41
Docket No.: 20190167
Filing Date: 2/12/2020
Case Type: THEFT
Author: McEvers, Lisa K. Fair

Highlight: Having a marital property interest in a vehicle does not prevent an individual from being prosecuted for theft of the vehicle. A district court’s authority to weigh evidence and assess credibility of witnesses at a preliminary hearing is limited.

Vetter v. Vetter 2020 ND 40
Docket No.: 20190151
Filing Date: 2/12/2020
Case Type: CHILD CUST & SUPPORT (Div.\Other)
Author: VandeWalle, Gerald W.

Highlight: A district court’s award of primary residential responsibility of minor child to mother after she had been convicted of child abuse was not clearly erroneous.
District court did not err in requiring an equalization payment be made after dividing marital property in long-term marriage.

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