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New opinions: Oct. 28

The Supreme Court has issued nine new opinions. 

The summaries are below.

To see an opinion, click on the "View Opinion" button. Opinions display in a printable format. Hyperlinks to all North Dakota opinions and rules cited in an opinion are included in the text: hover over the citation and click to follow the hyperlink.

See other Supreme Court opinions at:

Interest of S.A. 2021 ND 197 Docket No.: 20210061 Filing Date: 10/28/2021 Case Type: JUVENILE LAW Author: Per Curiam

Highlight: A juvenile court order finding two children to be deprived is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Guardianship of M.H. 2021 ND 196 Docket No.: 20210069 Filing Date: 10/28/2021 Case Type: GUARDIAN/CONSERVATOR Author: Jensen, Jon J.

Highlight: This Court reviews the district court’s decision to uphold contact restrictions placed by a ward’s guardian under the clearly erroneous standard of review.

A district court’s order of guardianship and findings of fact related to contract restrictions placed by the guardian are affirmed.

Kremer v. State 2021 ND 195 Docket No.: 20210154 Filing Date: 10/28/2021 Case Type: POST-CONVICTION RELIEF Author: Tufte, Jerod E.

Highlight: An application for postconviction relief must be filed within two years of the date the conviction becomes final unless an applicant meets the burden of establishing that any of the three exceptions to the statute of limitations applies.

State v. Atkins, 2019 ND 145, 928 N.W.2d 441, did not announce a new interpretation of state law within the meaning of N.D.C.C. § 29-32.1-01(3)(a).

State v. Suelzle 2021 ND 194 Docket No.: 20210028 Filing Date: 10/28/2021 Case Type: DUI/DUS Author: Jensen, Jon J.

Highlight: A driver weaving within their lane in traffic can rise to reasonable and articulable suspicion to justify a traffic stop.

A federal officer has jurisdiction to detain a non-Indian on an Indian reservation for a reasonable amount of time while waiting for a state law enforcement officer to arrive.

State v. Jensen 2021 ND 193 Docket No.: 20210098 Filing Date: 10/28/2021 Case Type: DRUGS/CONTRABAND Author: Per Curiam

Highlight: A criminal judgment entered following denial of a motion to suppress evidence is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Kukert 2021 ND 192 Docket No.: 20210079 Filing Date: 10/28/2021 Case Type: SEXUAL OFFENSE Author: Crothers, Daniel John

Highlight: Whether a defendant voluntarily, knowingly, and intelligently waived his or her Miranda rights depends on the totality of the circumstances.

Statements to law enforcement may be involuntary even if law enforcement has complied with the Miranda requirements.

When a defendant makes an extrajudicial statement, there must be sufficient independent evidence establishing the trustworthiness of the statement.

Dunford v. Tryhus, et al. 2021 ND 191 Docket No.: 20210146 Filing Date: 10/28/2021 Case Type: PERSONAL INJURY Author: Per Curiam

Highlight: District court orders dismissing child abuse complaint and denying request for a hearing are summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (7), and single costs and attorney’s fees are awarded under N.D.R.App.P. 38.

Behle v. Harr 2021 ND 190 Docket No.: 20210051 Filing Date: 10/28/2021 Case Type: OTHER (Civil) Author: McEvers, Lisa K. Fair

Highlight: Litigants may not contradict themselves to manufacture factual disputes for purposes of avoiding summary judgment.

Absent repudiation of a contract and the accompanying anticipatory breach, a breach of contract occurs when there is nonperformance of a contractual duty when it is due.

The term “claim” is defined by N.D.C.C. § 30.1-01-06(7) to exclude disputes regarding title of a decedent to assets alleged to be included in the decedent’s estate. The time limits set out by N.D.C.C. § 30.1-19-03(2) for demands against a decedent’s estate only apply to “claims.” For a demand to be excluded from the time limits because it is a dispute regarding title and not a “claim,” the claimant must make at least a “colorable showing” of title. Casting a claim in terms of title is insufficient to avoid the time limits if the gist of the claim sounds in contract or tort.

An argument is without merit if a party does not provide supportive reasoning or authority.

Interest of A.S.F. 2021 ND 189 Docket No.: 20210222 Filing Date: 10/28/2021 Case Type: TERMINATION/PARENTAL RIGHTS Author: Tufte, Jerod E.

Highlight: A subsequent, summarized order for publication does not restart the time to appeal a termination of parental rights. An untimely notice of appeal leaves the Supreme Court without jursidiction to consider the appeal.