The Supreme Court has issued two 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
State v. Pieper 2022 ND 176 Highlight: A criminal judgment of driving under the influence and driving under suspension is summarily affirmed under N.D.R.App.P.35.1(a)(2) and (7). |
State v. Lockwood 2022 ND 175 Highlight: Three amended criminal judgments are summarily affirmed under N.D.R.App.P. 35.1(a)(8) because the appellant’s brief did not contain the minimum requirements of N.D.R.App.P. 28. |
Interest of T.L.E. 2022 ND 174 Highlight: A district court’s orders for continuing hospitalization and involuntary treatment with medication are summarily affirmed under N.D.R.App.P. 35.1(a)(2). |
Mayo v. Buchholz, et al. 2022 ND 173 Highlight: A district court order and amended judgment modifying parenting time is summarily affirmed under N.D.R.App.P. 35.1(a)(8). |
Gomm v. Winterfeldt, et al. 2022 ND 172 Highlight: Jurisdiction to modify an existing child custody determination is made independent from registration and enforcement of a foreign determination. The moving party under a motion to modify primary residential responsibility is permitted to file a reply brief but is not entitled to file supplemental evidentiary materials. To establish a prima facie case for modification of primary residential responsibility, a party must show a general decline in the condition of the child or a change that has adversely affected the child. An evidentiary hearing is not required if a party fails to make a prima facie case. |
Highlight: There is no right to appeal when there is not a final judgment. The propriety of an appeal of a judgment which fails to resolve all of the claims is reviewable, even when none of the parties requested review. |