New opinions: Nov. 19
Wisham v. State 2020 ND 250 Docket No.: 20200152 Filing Date: 11/19/2020 Case Type: POST-CONVICTION RELIEF Author: Jensen, Jon J.
Highlight: The court did not err in summarily disposing of an application for post-conviction relief after petitioner failed to respond to the State’s motion for summary disposition.
Estate of Moore 2020 ND 249 Docket No.: 20200087 Filing Date: 11/19/2020 Case Type: PROBATE - WILLS - TRUSTS Author: VandeWalle, Gerald W.
Highlight: In a case involving expert opinions, a choice between two permissible views of the weight of the evidence is not clearly erroneous.
A district court’s decision under equitable principles will not be reversed on appeal absent an abuse of discretion.
State v. Polk 2020 ND 248 Docket No.: 20200108 Filing Date: 11/19/2020 Case Type: ASSAULT Author: VandeWalle, Gerald W.
Highlight: A victim’s testimony alone is sufficient to establish all the elements of a crime.
Under North Dakota Rules of Evidence 608(b), specific instances of conduct, excluding criminal convictions under Rule 609, must be inquired into only on cross-examination for impeachment purposes.
State v. Conry 2020 ND 247 Docket No.: 20200101 Filing Date: 11/19/2020 Case Type: TORTS (NEGLIGENCE, LIAB., NUIS.) Author: Crothers, Daniel John
Highlight: The State possesses no statutory right to appeal a restitution order in a criminal case.
State v. Richardson 2020 ND 246 Docket No.: 20200083 Filing Date: 11/19/2020 Case Type: MISC. STATUTORY OFFENSE (FELONY) Author: Per Curiam
Highlight: Criminal conviction for felony reckless endangerment summarily affirmed under N.D.R.App.P 35.1(a)(3).
Christianson v. NDDOT 2020 ND 245 Docket No.: 20200114 Filing Date: 11/19/2020 Case Type: TRANSPORTATION DEPT. Author: Tufte, Jerod E.
Highlight: The Canadian statute making it illegal to drive while intoxicated defines an offense equivalent to North Dakota’s driving under the influence offense for purposes of N.D.C.C. § 39-06-27(1). The Department has jurisdiction to suspend an operator’s license for a conviction under the Canadian statute.
A hearing officer does not fail to provide a fair and impartial hearing by holding separate administrative hearings for suspension based on a foreign administrative suspension and foreign criminal conviction.
State v. Wilkinson 2020 ND 244 Docket No.: 20200117 Filing Date: 11/19/2020 Case Type: SEXUAL OFFENSE Author: Per Curiam
Highlight: Criminal conviction for gross sexual imposition is summarily affirmed under N.D.R.App.P. 35.1(a)(3).
WSI v. Oden 2020 ND 243 Docket No.: 20190242 Filing Date: 11/19/2020 Case Type: WORKERS COMPENSATION Author: Jensen, Jon J.
Highlight: Valid service of process is necessary to assert personal jurisdiction over a defendant. If a defendant challenges the court’s exercise of personal jurisdiction, the plaintiff bears the burden of proving jurisdiction exists. The plaintiff must make a prima facie showing of jurisdiction to defeat a motion to dismiss for lack of personal jurisdiction. If the court relies only on pleadings and affidavits, the court must look at the facts in the light most favorable to the plaintiff.
Although an evidentiary hearing on a motion to dismiss for lack of subject matter jurisdiction, lack of personal jurisdiction, or insufficiency of service of process may be preferable under certain circumstances, the district court nonetheless retains wide discretion and considerable procedural leeway in deciding the motion. A district court’s decision whether to grant jurisdictional discovery lies within its sound discretion. WSI has full power and authority to hear and determine all questions within its jurisdiction, and its decisions are final and are entitled to the same faith and credit as a judgment of a court of record. Accord and satisfaction is an affirmative defense to a claim. An essential element of accord and satisfaction is an agreement evidencing the parties’ mutual assent. Except for jurisdictional matters and the taking of judicial notice, the appellate court will generally consider only those issues raised in the district court. The appellate court has discretion whether to grant a parties’ request for judicial notice on appeal.
Grengs v. Grengs 2020 ND 242 Docket No.: 20190339 Filing Date: 11/19/2020 Case Type: CHILD CUST & SUPPORT (Div.\Other) Author: Jensen, Jon J.
Highlight: The court lacked jurisdiction to resolve a motion to set aside a judgment during a pending appeal.
Whether a stipulated agreement is enforceable will not be addressed for the first time on appeal.
The court did not abuse its discretion holding the obligor spouse in contempt for failing to secure a security interest and mortgage of a limited liability company as required by judgment.
State v. Vaagen 2020 ND 241 Docket No.: 20200006 Filing Date: 11/19/2020 Case Type: DRUGS/CONTRABAND Author: Crothers, Daniel John
Highlight: The timely filing of a notice of appeal is mandatory and jurisdictional, and cannot be waived by the appellate court.
This Court will not consider an argument that is not adequately articulated, supported, and briefed.
Krolik v. Muscha 2020 ND 240 Docket No.: 20200085 Filing Date: 11/19/2020 Case Type: OTHER (Civil) Author: Crothers, Daniel John
Highlight: Failure to observe proper hearing date provided in notice of hearing cannot be imputed to the district court.
Interest of K.R.C.W. 2020 ND 239 Docket No.: 20200246 Filing Date: 11/19/2020 Case Type: TERMINATION/PARENTAL RIGHTS Author: Per Curiam
Highlight: A juvenile court may terminate parental rights solely on a finding of deprivation when the child has been in foster care for at least four hundred fifty out of the previous six hundred sixty nights.
Burden v. State 2020 ND 238 Docket No.: 20200143 Filing Date: 11/19/2020 Case Type: POST-CONVICTION RELIEF Author: Per Curiam
Highlight: A district court order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).
State v. Gates 2020 ND 237 Docket No.: 20200154 Filing Date: 11/19/2020 Case Type: OTHER (Crim.) Author: McEvers, Lisa K. Fair
Highlight: An appeal may be dismissed when an appellant’s brief fails to provide a court with an opportunity to meaningfully review the alleged error.
Estate of Lindvig 2020 ND 236 Docket No.: 20200135 Filing Date: 11/19/2020 Case Type: OIL, GAS AND MINERALS Author: Crothers, Daniel John
Highlight: Under N.D.C.C. § 47-10-23.1, a nontestamentary transfer of real property between spouses is conclusively presumed to be for consideration unless otherwise stated in writing.
The interpretation of a power of attorney is governed by its plain language unless the fiduciary relationship requires a special rule.
State, et al. v. P.K. 2020 ND 235 Docket No.: 20200073 Filing Date: 11/19/2020 Case Type: PATERNITY Author: Crothers, Daniel John
Highlight: In a child support action brought by the State on behalf of a parent, a counterclaim by the defendant seeking a determination of primary residential responsibility is not a counterclaim against the State for purposes of N.D.R.Civ.P. 13(d).
A continuance is the proper remedy for a party claiming unfair surprise.
A court’s oral findings on the best interest factors may explain its written findings.
MDU v. Behm 2020 ND 234 Docket No.: 20200122 Filing Date: 11/19/2020 Case Type: REAL PROPERTY Author: Tufte, Jerod E.
Highlight: Under the law of the case doctrine, a party cannot on a second appeal relitigate issues that were resolved in the first appeal or that would have been resolved had they been properly presented in the first appeal.
The district court has discretion to award costs and attorney’s fees in an eminent domain action.
Gooss v. Gooss, et al. 2020 ND 233 Docket No.: 20200076 Filing Date: 11/19/2020 Case Type: CHILD CUST & SUPPORT (Div.\Other) Author: VandeWalle, Gerald W.
Highlight: The required payment of travel expenses to exercise parenting time constitutes child support and falls under the jurisdiction of the Uniform Interstate Family Support Act (“UIFSA”).
Under North Dakota’s child support guidelines, a court does not abuse its discretion when granting a downward deviation for child support based on the actual travel expenses and practices of a party.
Jundt v. NDDOT 2020 ND 232 Docket No.: 20200115 Filing Date: 11/19/2020 Case Type: TRANSPORTATION DEPT. Author: Crothers, Daniel John
Highlight: The implied consent requirements of N.D.C.C. § 39-20-01 do not apply when an individual consents to a chemical test.
State v. Hajicek 2020 ND 231 Docket No.: 20200071 Filing Date: 11/19/2020 Case Type: DUI/DUS Author: Crothers, Daniel John
Highlight: Pursuant to N.D.C.C. § 44-08-20(3), a law enforcement officer acting outside of his jurisdiction may lawfully respond to a request for assistance from an officer within his jurisdiction, even if the request is solicited by the out-of-jurisdiction officer.
An issue will not be considered on appeal if the issue was not raised in the appellate brief.
