New opinions: May 12
Matter of Shane Lance Yates 2022 ND 103 Docket No.: 20220054 Filing Date: 5/12/2022 Case Type: OTHER (Civil) Author: Per Curiam
Highlight: District court orders denying petitions for name changes and requests for evidentiary hearings are summarily affirmed under N.D.R.App.P. 35.1(a)(7).
Matter of Amy Jo Yates 2022 ND 103 Docket No.: 20220056 Filing Date: 5/12/2022 Case Type: OTHER (Civil) Author: Per Curiam
Highlight: District court orders denying petitions for name changes and requests for evidentiary hearings are summarily affirmed under N.D.R.App.P. 35.1(a)(7).
State v. Rodriguez 2022 ND 102 Docket No.: 20210359 Filing Date: 5/12/2022 Case Type: MISC. STATUTORY OFFENSE (FELONY) Author: Crothers, Daniel John
Highlight: A district court’s dismissal of a criminal information is reviewed for an abuse of discretion.
A criminal information must identify the defendant, and must be a plain, concise, and definite written statement of the essential facts constituting the elements of the offense charged.
State v. Benter 2022 ND 101 Docket No.: 20210199 Filing Date: 5/12/2022 Case Type: SEXUAL OFFENSE Author: VandeWalle, Gerald W.
Highlight: To represent oneself, a criminal defendant must voluntarily, knowingly, and intelligently waive the right to counsel.
A defendant’s conduct may be the functional equivalent of a voluntary waiver of the right to counsel.
A district court has a continuing responsibility during trial to decide whether a self-represented defendant is competent to present his or her own defense. To ensure the defendant is afforded a fair trial, a district court can appoint counsel for the defendant during trial if the court determines the defendant is no longer competent to present his or her own defense.
State v. Koval 2022 ND 100 Docket No.: 20210356 Filing Date: 5/12/2022 Case Type: MISC. STATUTORY OFF. (MISDEMEANOR) Author: Jensen, Jon J.
Highlight: When a party challenges an underlying order prohibiting contact in a proceeding for violating that order, the challenge constitutes an impermissible collateral attack on the underlying order.
Updike v. Updike, et al. 2022 ND 99 Docket No.: 20210265 Filing Date: 5/12/2022 Case Type: CHILD CUST & SUPPORT (Div.\Other) Author: McEvers, Lisa K. Fair
Highlight: An underemployed child support obligor did not provide evidence to establish the N.D. Admin. Code § 75-02-04.1-07(5) exception for imputation of income based on the unavailability of employment applied.
WSI v. Boechler, PC, et al. 2022 ND 98 Docket No.: 20210225 Filing Date: 5/12/2022 Case Type: WORKERS COMPENSATION Author: Tufte, Jerod E.
Highlight: A dismissal without prejudice is ordinarily not appealable because either side may commence another action.
When deciding a due process claim, we consider whether a constitutionally protected property or liberty interest is at stake and, if so, whether minimum procedural due process requirements were met.
WSI is required to notify an employer of the premiums and penalties that employer owes to WSI, and if the employer fails to pay that amount within thirty days, WSI may collect the premiums and penalties by civil action.
Under the North Dakota and U.S. Constitutions, excessive fines shall not be imposed. The federal excessive fines clause is violated if the fine is grossly disproportional to the gravity of a defendant’s offense.
Wheeler v. State 2022 ND 97 Docket No.: 20220024 Filing Date: 5/12/2022 Case Type: POST-CONVICTION RELIEF Author: Per Curiam
State v. Houle 2022 ND 96 Docket No.: 20210331 Filing Date: 5/12/2022 Case Type: ASSAULT Author: McEvers, Lisa K. Fair
Highlight: A party may not challenge as error a ruling or other trial proceeding invited by that party.
The “invited error doctrine” applies unless a constitutional error is structural, and defendant conceded any alleged error was not constitutional.
State v. Oshiro 2022 ND 95 Docket No.: 20210254 Filing Date: 5/12/2022 Case Type: SEXUAL OFFENSE Author: Tufte, Jerod E.
Highlight: A defendant’s release from prison renders his sentencing appeal moot if he is not subject to supervised release or probation after completing his prison term.
Highlight: The primary purpose of statutory interpretation is to determine legislative intent.
Words in a statute are given their plain, ordinary, and commonly understood meaning, unless defined by statute or unless a contrary intention plainly appears.
The district court has discretion over evidentiary matters, including a decision to exclude the testimony of a witness.
State v. Ruiz Ledezma 2022 ND 93 Docket No.: 20210277 Filing Date: 5/12/2022 Case Type: HOMICIDE Author: Per Curiam
Highlight: A criminal judgment entered after a defendant pled guilty to criminal vehicular homicide is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).
Highlight: Satisfaction of an independent undisputed portion of a judgment does not operate as a full waiver of the right to appeal.
Res judicata and the law of the case doctrine do not bar litigation of the same type of claim based on different facts.
Under N.D.C.C. § 58-18-08, a trustee may not be exculpated for breaches of trust committed in bad faith or with reckless indifference to the purposes of the trust.
Absent the requisite findings and analysis, review of a district court decision is not possible and remand is appropriate.
Eikom v. Eikom 2022 ND 91 Docket No.: 20210319 Filing Date: 5/12/2022 Case Type: CHILD CUST & SUPPORT (Div.\Other) Author: Crothers, Daniel John
Highlight: A district court’s decision to award parenting time to a noncustodial parent is based on the child’s best interests and not the wishes of the parents.
This Court may rely on implied findings of fact when the record enables it to understand factual determinations made by the district court.
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