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: https://www.ndcourts.gov/supreme-court/opinions
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Chase v. State 2021 ND 206 Docket No.: 20200315 Filing Date: 11/17/2021 Case Type: POST-CONVICTION RELIEF Author: Tufte, Jerod E. Highlight: A motion for summary disposition of an application for postconviction relief under N.D.C.C. § 29-32.1-09(3) must be made consistent with our rules for motion practice. A district court may not order summary disposition in response to a request in a pleading, including the State’s answer to an application for postconviction relief. |
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Interest of A.D. 2021 ND 205 Docket No.: 20200299 Filing Date: 11/17/2021 Case Type: JUVENILE LAW Author: Tufte, Jerod E. Highlight: Under N.D. Sup. Ct. Admin. R. 13, § 10(a), the findings and order of the judicial referee have the effect of the findings and order of the district court until superseded by a written order of a district court judge. Juvenile court’s finding that father abandoned child is not clearly erroneous when the father has not provided care for or had any contact with the child since 2007 or 2008, and has not made any significant attempts to locate the child or have the child placed in his care. Juvenile court is not required to specifically identify and discuss each best interest factor if the Court is able to discern how the juvenile court’s findings apply to the best interest factors. When a child is deprived by the parents, no finding of exceptional circumstances is required to be made by the juvenile court to grant a guardianship. The finding of deprivation eliminates the need for a finding of exceptional circumstances. |
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Craig v. State 2021 ND 204 Docket No.: 20210108 Filing Date: 11/17/2021 Case Type: POST-CONVICTION RELIEF Author: Jensen, Jon J. Highlight: In a postconviction relief proceeding, claims that were raised or could have been raised in an earlier postconviction relief proceeding are barred by the doctrine of res judicata. |
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Highlight: The district court has subject matter jurisdiction over trusts. Service of process in a trust proceeding on an attorney representing a party in a probate proceeding is ineffective. A party has ten days to file a demand for change of judge after being added to a proceeding. |
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Interest of J.M. 2021 ND 202 Docket No.: 20210268 Filing Date: 11/17/2021 Case Type: TERMINATION/PARENTAL RIGHTS Author: Per Curiam Highlight: A juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). |
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Interest of L.L.D.R. 2021 ND 201 Docket No.: 20210130 Filing Date: 11/17/2021 Case Type: TERMINATION/PARENTAL RIGHTS Author: Per Curiam Highlight: A juvenile court order declining to terminate parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(4). |
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State v. Nupdal 2021 ND 200 Docket No.: 20210015 Filing Date: 11/17/2021 Case Type: DUI/DUS Author: Tufte, Jerod E. Highlight: A scale only alleged to have been used to weigh and package methamphetamine into smaller quantities did not satisfy the statutory element requiring use or intent to use the scale to produce or prepare methamphetamine. |
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Estate of Behle 2021 ND 199 Docket No.: 20210059 Filing Date: 11/17/2021 Case Type: PROBATE - WILLS - TRUSTS Author: Crothers, Daniel John Highlight: A defect in the application for probate of a will does not render the probate void. Summary judgment is appropriate in an undue influence claim if the non-moving party’s opposition is not supported with admissible evidence showing a genuine issue for trial. The plain language of N.D.C.C. § 28-26-01(2) requires courts in civil actions to award costs and fees upon a finding a claim for relief was frivolous, providing the prevailing party pled the alleged frivolousness of the claim. Section 28-26-31, N.D.C.C., authorizes attorney’s fees if allegations and denials in any pleading are not made without good faith and reasonable cause. |
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State v. Brewer 2021 ND 198 Docket No.: 20210105 Filing Date: 11/17/2021 Case Type: MISC. STATUTORY OFFENSE (FELONY) Author: McEvers, Lisa K. Fair Highlight: The defendant has the burden to show he is entitled to additional credit for time served in custody. When time spent in custody is credited toward an unrelated charge, the defendant is not entitled to have that time spent in custody applied to another sentence. An appellee who has not cross-appealed may not seek a more favorable result on appeal than received in the trial court. |
