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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Highlight: A road restriction is not published for purposes of N.D.C.C. § 39-12-03(2)(a) unless the information is available in the typical location where a user seeking such information would expect to find it. |
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Bubel v. Bubel 2022 ND 23 Docket No.: 20210263 Filing Date: 1/21/2022 Case Type: CHILD CUST & SUPPORT (Div.\Other) Author: Per Curiam |
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Friesz v. State 2022 ND 22 Docket No.: 20210143 Filing Date: 1/21/2022 Case Type: POST-CONVICTION RELIEF Author: VandeWalle, Gerald W. Highlight: An applicant has the burden to support their application for post-conviction relief with competent admissible evidence once the State moves for summary dismissal. A district court’s order denying an applicant’s claim of newly discovered evidence and summarily dismissing his application for post-conviction relief is affirmed. |
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State v. Martinez 2022 ND 21 Docket No.: 20210207 Filing Date: 1/21/2022 Case Type: ASSAULT Author: Per Curiam Highlight: A criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(7) as the defendant failed to move to dismiss based on a speedy trial violation. |
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Anderson v. Pedie, et al. 2022 ND 19 Docket No.: 20210147 Filing Date: 1/21/2022 Case Type: CHILD CUST & SUPPORT (Div.\Other) Author: Tufte, Jerod E. Highlight: A motion to modify primary residential responsibility made within two years of an order establishing primary residential responsibility triggers the heightened requirements of N.D.C.C. § 14-09-06.6(1), (3), (5). The district court shall consider a motion to modify primary residential responsibility on briefs and without oral argument or evidentiary hearing and shall deny the motion unless the court finds the moving party has established a prima facie case justifying a modification. Allegations alone do not establish a prima facie case, and affidavits supporting the motion for modification must include competent information, which usually requires the affiant have first-hand knowledge. The district court has discretion to award attorney’s fees as part of a remedial sanction for contempt to reimburse the complainant for costs and expenses incurred as a result of the contempt. Whether to administer sanctions under N.D.R.App.P. 13 for noncompliance with the Rules of Appellate Procedure is discretionary with this Court. |
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State v. Bolinske, Sr. 2022 ND 18 Docket No.: 20210128 Filing Date: 1/21/2022 Case Type: MISC. STATUTORY OFF. (MISDEMEANOR) Author: Crothers, Daniel John Highlight: A person arrested and detained without a warrant is entitled to a probable cause determination within 48 hours. If a probable cause determination is not made within 48 hours, the government must demonstrate the existence of an emergency or other extraordinary circumstance. An intervening weekend is not an emergency or other extraordinary circumstance. The usual sanction for unlawful detention is the suppression of statements or evidence discovered as a result of the detention. Dismissal of a criminal charge can be warranted in cases of egregious prosecutorial misconduct or on a showing of prejudice. |
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Fischer v. Hoyt 2022 ND 17 Docket No.: 20210164 Filing Date: 1/21/2022 Case Type: CONTRACTS Author: Crothers, Daniel John Highlight: Recovery of attorney’s fees by a prevailing plaintiff under N.D.C.C. § 27-08.1-04 is available after the defendant removes a small claims action to the district court. Section 27-08.1-04, N.D.C.C., generally permits a prevailing plaintiff to recover reasonable attorney’s fees for the district court proceedings and for a successful appeal. |
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Pomarleau v. Pomarleau, et al. 2022 ND 16 Docket No.: 20210083 Filing Date: 1/21/2022 Case Type: CHILD CUST & SUPPORT (Div.\Other) Author: Jensen, Jon J. Highlight: A district court may consider whether an obligor made a voluntary change in employment, and if they find the obligor did, the district court has the discretion to base the obligor’s child support income based on the previous, higher income. A district court’s allocation of child tax credits is subject to the clearly erroneous standard of review. A district court’s distribution of marital property is subject to the clearly erroneous standard of review. This Court reviews the findings as a whole, and they will be upheld on appeal despite relatively insignificant errors in the calculations. |
