New opinions: June 2
Davies v. State 2020 ND 128 Docket No.: 20190340 Filing Date: 6/2/2020 Case Type: POST-CONVICTION RELIEF Author: Per Curiam
Highlight: A district court judgment dismissing an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).
State v. Mooney 2020 ND 127 Docket No.: 20190333 Filing Date: 6/2/2020 Case Type: DRUGS/CONTRABAND Author: Per Curiam
Highlight: A criminal judgment entered after a jury verdict is summarily affirmed under N.D.R.App.P. 35.1(a)(3).
Rustad v. Baumgartner 2020 ND 126 Docket No.: 20190276 Filing Date: 6/2/2020 Case Type: CHILD CUST & SUPPORT (Div.\Other) Author: VandeWalle, Gerald W.
Highlight: The “law of the case” doctrine is the principle that if an appellate court has passed on a legal question and remanded the case to the court below for further proceedings, the legal question thus determined by the appellate court will not be differently determined on a subsequent appeal in the same case where the facts remain the same. The mandate rule, a more specific application of law of the case, requires the trial court to follow pronouncements of an appellate court on legal issues in subsequent proceedings of the case and to carry the appellate court's mandate into effect according to its terms. A parent moving to modify parenting time must show that a material change in circumstances has occurred since entry of the prior parenting time order and that modification is in the child’s best interests. A district court’s decision on parenting time is a finding of fact, which will not be reversed on appeal unless it is clearly erroneous.
Estate of Sande 2020 ND 125 Docket No.: 20190171 Filing Date: 6/2/2020 Case Type: PROBATE - WILLS - TRUSTS Author: VandeWalle, Gerald W.
Highlight: Affirmative defenses must be pled or are waived. Whether there is an accord and satisfaction or the existence of a waiver are questions of fact. Whether a personal representative breached a fiduciary duty is a question of fact.
State v. Selzler 2020 ND 123 Docket No.: 20190355 Filing Date: 6/2/2020 Case Type: DRUGS/CONTRABAND Author: Jensen, Jon J.
Highlight: A district court’s order granting a motion to suppress evidence subsequent to an invalid traffic stop of a vehicle is affirmed.
State v. Stenbak 2020 ND 122 Docket No.: 20190401 Filing Date: 6/2/2020 Case Type: MISC. STATUTORY OFF. (MISDEMEANOR) Author: Per Curiam
Highlight: The criminal judgment entered after a jury verdict is summarily affirmed under N.D.R.App.P. 35.1(a)(3).
State v. McGowen 2020 ND 121 Docket No.: 20190225 Filing Date: 6/2/2020 Case Type: ASSAULT Author: Crothers, Daniel John
Highlight: The district court did not abuse its discretion by granting a continuance. Evidence was sufficient to support guilty verdicts, and the district court did not err when it ordered the defendant to pay restitution for injuries caused by the defendant’s assaults.
State v. Washington 2020 ND 120 Docket No.: 20190320 Filing Date: 6/2/2020 Case Type: MISC. STATUTORY OFF. (MISDEMEANOR) Author: Jensen, Jon J.
Highlight: A district court properly denied a motion to suppress by correctly applying the remedy for unlawful official conduct in a preventing-arrest case by permitting the defendant to raise the factual defense of unlawfulness.
State v. Soucy 2020 ND 119 Docket No.: 20190329 Filing Date: 6/2/2020 Case Type: MISC. STATUTORY OFFENSE (FELONY) Author: McEvers, Lisa K. Fair
Highlight: Judicial notice is governed by N.D.R.Ev. 201. A district court must take notice only if a party requests it and supplies the court with the necessary information.
State v. Yoney 2020 ND 118 Docket No.: 20190269 Filing Date: 6/2/2020 Case Type: HOMICIDE Author: McEvers, Lisa K. Fair
Highlight: A party may not challenge as error a ruling or other trial proceeding invited by that party. The obvious error analysis under N.D.R.Crim.P. 52(b) does not apply to errors waived through the doctrine of invited error.
This Court reviews an alleged inconsistent verdict by examining both the law of the case and the evidence to determine whether the verdict is logical and probable or whether it is perverse and clearly contrary to the evidence.
Under N.D.R.Crim.P. 52(a), an error that does not affect substantial rights is harmless and must be disregarded.
Morales v. State 2020 ND 117 Docket No.: 20200019 Filing Date: 6/2/2020 Case Type: POST-CONVICTION RELIEF Author: McEvers, Lisa K. Fair
Highlight: Section 29-32.1-01, N.D.C.C., only permits a person who has been convicted of a crime to apply for post-conviction relief. When a criminal judgment has been reversed and remanded by this Court an individual has not been convicted of a crime and is not entitled to post-conviction relief.
Gerving v. Gerving, et al. 2020 ND 116 Docket No.: 20190253 Filing Date: 6/2/2020 Case Type: CHILD CUST & SUPPORT (Div.\Other) Author: McEvers, Lisa K. Fair
Highlight: In divorce cases, the district court must make an equitable property distribution.
Kling v. NDDOT 2020 ND 115 Docket No.: 20200024 Filing Date: 6/2/2020 Case Type: ADMINISTRATIVE PROCEEDING Author: Per Curiam
Highlight: A district court judgment affirming an administrative suspension of driving privileges for a period of 91 days is affirmed under N.D.R.App.P. 35.1(a)(7).
Axtman v. Axtman 2020 ND 114 Docket No.: 20190300 Filing Date: 6/2/2020 Case Type: DIVORCE/PROPERTY DIV./ALIMONY Author: VandeWalle, Gerald W.
Highlight: Under N.D.R.Civ.P. 60(a), a district court may amend a judgment to correct a mistake resulting from an oversight or omission that causes the judgment to fail to reflect the court’s intent. Under N.D.R.Civ.P. 60(a), a district court must provide notice to the parties before it amends a judgment on its own.
Voigt v. Nelson 2020 ND 113 Docket No.: 20190285 Filing Date: 6/2/2020 Case Type: PATERNITY Author: McEvers, Lisa K. Fair
Highlight: Section 8.6, N.D.R.Ct., governs parenting investigators and incorporates the code of conduct. The code of conduct provides a parenting investigator should aggressively strive to achieve professional independence and objectivity.
A judgment establishing paternity and granting primary residential responsibility and decision making authority for non-emergency healthcare decision to one parent when the parties cannot agree is summarily affirmed under N.D.R.App.P. 35.1(a)(2).
Dellinger v. Wolf, et al. 2020 ND 112 Docket No.: 20190301 Filing Date: 6/2/2020 Case Type: TORTS (NEGLIGENCE, LIAB., NUIS.) Author: Tufte, Jerod E.
Highlight: The Declaratory Judgment Act does not provide statutory authorization for immediate appeals of decisions concerning insurers’ duty to defend.
Thiel v. Thiel 2020 ND 111 Docket No.: 20200002 Filing Date: 6/2/2020 Case Type: CHILD CUST & SUPPORT (Div.\Other) Author: Per Curiam
Highlight: District court orders denying motions for continuance and for appointment of a parenting investigator and a divorce judgment are summarily affirmed under N.D.R.App.P. 35.1(a)(4).
Sims v. Sims, et al. 2020 ND 110 Docket No.: 20190248 Filing Date: 6/2/2020 Case Type: CHILD CUST & SUPPORT (Div.\Other) Author: Jensen, Jon J.
Highlight: Extended parenting time with a fit non-custodial parent is routinely awarded if the child is old enough, absent a reason for denying it.
A district court’s property valuations and distribution in a divorce case are findings of fact, which will not be reversed on appeal unless they are clearly erroneous.
The district court may not order a property distribution that is inconsistent with the parties’ settlement agreement without providing an explanation for its decision.
The court may not order remedial sanctions for contempt without a finding of contempt.
Horvath v. State 2020 ND 109 Docket No.: 20190344 Filing Date: 6/2/2020 Case Type: POST-CONVICTION RELIEF Author: Per Curiam
Highlight: A district court’s order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).
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