There were 1,343 press releases posted in the last 24 hours and 313,307 in the last 365 days.

New opinions: Sept. 29

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
Docket No.: 20220084
Filing Date: 9/29/2022
Case Type: DUI/DUS
Author: Per Curiam

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
Docket No.: 20220019
Filing Date: 9/29/2022
Case Type: DRUGS/CONTRABAND
Author: Per Curiam

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
Docket No.: 20220253
Filing Date: 9/29/2022
Case Type: MENTAL HEALTH
Author: Per Curiam

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
Docket No.: 20220175
Filing Date: 9/29/2022
Case Type: CHILD CUST & SUPPORT (Div.\Other)
Author: Per Curiam

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
Docket No.: 20220043
Filing Date: 9/29/2022
Case Type: CHILD CUST & SUPPORT (Div.\Other)
Author: Jensen, Jon J.

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.