New opinions: July 8
Matter of O.H.W. 2021 ND 129 Docket No.: 20210006 Filing Date: 7/8/2021 Case Type: CIVIL COMMIT OF SEXUAL PREDATOR Author: Per Curiam
Highlight: A district court’s order denying an application for discharge from civil commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2).
Scott v. Scott 2021 ND 128 Docket No.: 20200344 Filing Date: 7/8/2021 Case Type: CHILD CUST & SUPPORT (Div.\Other) Author: McEvers, Lisa K. Fair
Highlight: A party moving to modify joint residential responsibility more than two years after the initial order establishing residential responsibility bears the burden of showing a material change in circumstances has occurred. A court’s decision on whether a material change has occurred is a finding of fact which will not be reversed unless it is clearly erroneous. A court is not required to analyze the best interest factors if a material change is not shown.
Highlight: A criminal judgment for driving under suspension is summarily affirmed under N.D R.App.P. 35.1(a)(7).
Hussiene v. NDDOT 2021 ND 126 Docket No.: 20210045 Filing Date: 7/8/2021 Case Type: TRANSPORTATION DEPT. Author: VandeWalle, Gerald W.
Highlight: Evidence supported a hearing officer’s finding that a highway patrol trooper had a reasonable and articulable suspicion to stop a motorist for failure to stop at a red light.
The weight of the evidence showed a motorist refused to submit to a chemical breath test.
State v. Crites 2021 ND 125 Docket No.: 20200356 Filing Date: 7/8/2021 Case Type: MISC. STATUTORY OFFENSE (FELONY) Author: Per Curiam
Highlight: A district court’s criminal judgment following a jury verdict is summarily affirmed under N.D.R.App.P 35.1(a)(3) and (4).
Eubanks v. Fisketjon, et al. 2021 ND 124 Docket No.: 20200288 Filing Date: 7/8/2021 Case Type: CHILD CUST & SUPPORT (Div.\Other) Author: VandeWalle, Gerald W.
Highlight: The district court erred when it included half of an obligor and his roommate’s share of rent owed to a landlord as the obligor’s income for purposes of calculating child support.
Parenting decisions must be made in light of the child’s best interests.
City of Lincoln v. Schuler 2021 ND 123 Docket No.: 20200314 Filing Date: 7/8/2021 Case Type: DUI/DUS Author: Crothers, Daniel John
Highlight: This Court will affirm a district court decision regarding a motion to suppress if there is sufficient competent evidence fairly capable of supporting the district court’s findings, and the decision is not contrary to the manifest weight of the evidence.
Interpretation of a statute is a question of law fully reviewable on appeal.
Section 39-10-38, N.D.C.C., requires that no person may turn a vehicle or move right or left on a roadway without giving an appropriate signal and make such turn or movement with reasonable safety.
Reasonable suspicion and criminality are different inquiries and the actual commission of a crime is not required to support a finding of reasonable suspicion.
Dietzler v. Dietzler 2021 ND 122 Docket No.: 20210001 Filing Date: 7/8/2021 Case Type: CHILD CUST & SUPPORT (Div.\Other) Author: Per Curiam
Highlight: The judgment of the district court is summarily affirmed as not clearly erroneous under N.D.R.App.P. 35.1(a)(2).
WSI v. Kemmet 2021 ND 121 Docket No.: 20210063 Filing Date: 7/8/2021 Case Type: OTHER (Civil) Author: Per Curiam
Highlight: A district court’s summary judgment and denial of post-judgment motion are summarily affirmed under N.D.R.App.P. 35.1(a)(1), (4), and (6).
State v. Eggleston 2021 ND 120 Docket No.: 20200285 Filing Date: 7/8/2021 Case Type: HOMICIDE Author: Jensen, Jon J.
Highlight: Constitutional issues not appropriately raised in the district court will not be considered for the first time on appeal.
State v. Jensen 2021 ND 119 Docket No.: 20200295 Filing Date: 7/8/2021 Case Type: DRUGS/CONTRABAND Author: Jensen, Jon J.
Highlight: When a defendant has previously filed an application for post-conviction relief, a subsequent motion filed under the Rules of Criminal Procedure will be treated as an application for post-conviction relief when the motion seeks to evade the boundaries of post-conviction proceedings.
On its own initiative, a court may enter a judgment denying a meritless application for post-conviction relief on any and all issues raised in the application before any response by the state. A district court’s summary dismissal of an application for post-conviction relief before a response by the State is analogous to dismissal of a civil complaint under N.D.R.Civ.P. 12(b) for failure to state a claim upon which relief can be granted.
A defendant may waive their speedy trial claim in four ways: (1) by failing to present the claim prior to or at the trial; (2) by entering a voluntary plea of guilty; (3) by failing to demand a prompt trial; or (4) by expressly consenting to the delay.
State v. Lelm 2021 ND 118 Docket No.: 20200236 Filing Date: 7/8/2021 Case Type: DRUGS/CONTRABAND Author: Jensen, Jon J.
Highlight: The State bears the burden to prove a warrantless search falls within an exception to the warrant requirement.
The automobile exception allows law enforcement to search a vehicle for illegal contraband without a warrant when probable cause exists.
The search incident to arrest exception is limited to searches that implicate interests in protecting officer safety and evidence preservation.
The inevitable discovery doctrine allows evidence obtained during an unlawful search to be admissible where it is shown that the evidence would have been gained even without the unlawful action.
Legal Disclaimer:
EIN Presswire provides this news content "as is" without warranty of any kind. We do not accept any responsibility or liability for the accuracy, content, images, videos, licenses, completeness, legality, or reliability of the information contained in this article. If you have any complaints or copyright issues related to this article, kindly contact the author above.
