There were 774 press releases posted in the last 24 hours and 190,034 in the last 365 days.

New opinions: Oct. 14

State v. Woodruff 2021 ND 187 Docket No.: 20210026 Filing Date: 10/14/2021 Case Type: MISC. STATUTORY OFF. (MISDEMEANOR) Author: Per Curiam

Highlight: Criminal judgment entered after a jury found the defendant guilty of preventing arrest is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Slappy v. Slappy 2021 ND 186 Docket No.: 20200352 Filing Date: 10/14/2021 Case Type: CHILD CUST & SUPPORT (Div.\Other) Author: Jensen, Jon J.

Highlight: To modify primary residential responsibility after two years, the moving party must meet the requirements of the statutory framework, including that there has been a material change in circumstances of the child or the parties, and that modification is necessary for the best interests of the child.

“Necessary” for the best interests of the child means there must be a showing that the changed circumstances had an adverse effect on the child or there had been a general decline in the child’s condition.

Because continuity and stability in a child’s life is favored, an improvement to the moving party’s life, without evidence of an adverse effect or general decline in the child, is insufficient to modify primary residential responsibility.

State v. Deleon 2021 ND 185 Docket No.: 20210018 Filing Date: 10/14/2021 Case Type: SEXUAL OFFENSE Author: VandeWalle, Gerald W.

Highlight: The evidence was sufficient to support the defendant’s conviction of possession of certain materials prohibited.

Interest of K.H. 2021 ND 184 Docket No.: 20210245 Filing Date: 10/14/2021 Case Type: TERMINATION/PARENTAL RIGHTS Author: Per Curiam

Highlight: Juvenile court orders terminating parental rights are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Kerzmann v. Kerzmann 2021 ND 183 Docket No.: 20210086 Filing Date: 10/14/2021 Case Type: CHILD CUST & SUPPORT (Div.\Other) Author: Jensen, Jon J.

Highlight: To establish a prima facie case to warrant an evidentiary hearing on a motion for a change in primary residential responsibility, the moving party must present facts showing there has been both a material change in circumstances and the change is necessary for the best interests of the child under N.D.C.C. § 14-09-06.6(6).

When a party has submitted an affidavit alleging first-hand knowledge of events that constitute a material change in circumstances and implicate the best interest factors, an evidentiary hearing on the motion must be held.

This Court exercises discretion in determining whether to administer sanctions on appeal.

Wheeler v. State 2021 ND 182 Docket No.: 20210167 Filing Date: 10/14/2021 Case Type: POST-CONVICTION RELIEF Author: Crothers, Daniel John

Highlight: Orders denying leave to file new motions or papers are not appealable.

Estate of Nelson 2021 ND 181 Docket No.: 20210084 Filing Date: 10/14/2021 Case Type: PROBATE - WILLS - TRUSTS Author: VandeWalle, Gerald W.

Highlight: District court orders denying motions for relief under N.D.R.Civ.P. 60(b)(6) are summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (4), and double costs and attorney fees are awarded under N.D.R.App.P. 38.

State v. Reddog 2021 ND 180 Docket No.: 20210055 Filing Date: 10/14/2021 Case Type: THEFT Author: Per Curiam

Highlight: Criminal conviction for robbery with a firearm, destructive device, or other dangerous weapon and conspiracy to commit felonious restraint is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

State v. Urrabazo 2021 ND 179 Docket No.: 20210142 Filing Date: 10/14/2021 Case Type: DRUGS/CONTRABAND Author: Per Curiam

Highlight: A criminal judgment for delivery of a controlled substance is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Interest of D.H.H. 2021 ND 178 Docket No.: 20210238 Filing Date: 10/14/2021 Case Type: TERMINATION/PARENTAL RIGHTS Author: Per Curiam

Highlight: An appeal from a juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Brickle-Hicks v. State 2021 ND 177 Docket No.: 20210073 Filing Date: 10/14/2021 Case Type: POST-CONVICTION RELIEF Author: Per Curiam

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

State v. Clemens 2021 ND 176 Docket No.: 20210136 Filing Date: 10/14/2021 Case Type: THEFT Author: Per Curiam

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