New Opinions: May 16, 2024
Brown v. State
Docket No.: 20230364
Filing Date: 5/16/2024
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Bahr, Douglas Alan
Highlight: The definition of official detention does not preclude custody while on probation.
An unambiguous sentence pronouncement controls over an ambiguous sentence, whether oral or written.
When there is an ambiguity between two sentences, the record must be examined to determine the district court's intent.
State v. Rangel
Docket No.: 20230356
Filing Date: 5/16/2024
Case Type: Appeal - Criminal - Misc. Felony
Author: Bahr, Douglas Alan
Highlight: A criminal defendant may withdraw a guilty plea after sentencing
only by demonstrating a manifest injustice.
The defendant has the burden of proving withdrawal is necessary to
correct a manifest injustice.
The district court has discretion in finding whether a manifest
injustice necessitating the withdrawal of a guilty plea exists, and the court's
decision is reviewed for abuse of discretion.
Armitage v. Armitage
Docket No.: 20230368
Filing Date: 5/16/2024
Case Type: Appeal - Civil - Child Support
Author: Bahr, Douglas Alan
Highlight: A district court's decision on primary residential responsibility is a
finding of fact reviewed under the clearly erroneous standard of review.
Under the clearly erroneous standard, this Court on appeal does not
reweigh the evidence nor reassess the credibility of witnesses, and this
Court will not retry a custody case or substitute its judgment for a district
court's initial primary residential responsibility decision merely because
this Court might have reached a different result.
The district court considers the best interests and welfare of the child
when deciding residential responsibility. That includes considering whether
one parent will better promote the welfare and best interests of the child
than the other; however, the analysis is not parent verses parent, or one
proposed parenting plan against the other proposed parenting plan.
Aune v. State
Docket No.: 20230273
Filing Date: 5/16/2024
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Tufte, Jerod E.
Highlight: A district court may dismiss an application without notice to the applicant if it does not rely on information outside the application and considers only materials contained in the application or embraced by the pleadings.
Postconviction relief proceedings are appropriately treated as a continuation of the criminal prosecution for purposes of N.D.C.C. § 29-15-21, and the applicant is not entitled to a new judge when the postconviction judge was also the trial judge.
A demand for a change of judge is not the proper route to remove a judge for bias. Rather, the judge assigned to the case should consider the claim of bias, not another judge.
State v. Castleman
Docket No.: 20230371
Filing Date: 5/16/2024
Case Type: Appeal - Criminal - Other
Author: Jensen, Jon J.
Highlight: Under N.D.R.Crim.P. 14 a defendant must show more than naked assertions that prejudice may occur based on the number of offenses being charged and instead must show he suffered substantial prejudice as a result of the joinder.
State v. Anderson
Docket No.: 20230374
Filing Date: 5/16/2024
Case Type: Appeal - Criminal - Homicide
Author: Per Curiam
Highlight: A criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4).
Solberg v. Hennessy
Docket No.: 20230289
Filing Date: 5/16/2024
Case Type: Appeal - Civil - Malpractice
Author: McEvers, Lisa K. Fair
Highlight: Adverse or erroneous rulings do not, by themselves, demonstrate bias. Rather, for recusal to be warranted, a judge must be partial or there must be some external influence that creates an appearance of impropriety.
Orders denying motions for relief from judgment and for reconsideration are summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (4). Double costs and attorney's fees are awarded for defending this frivolous appeal.
State v. Eggl
Docket No.: 20230376
Filing Date: 5/16/2024
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam
Highlight: A criminal judgment sentencing a defendant to 80 years imprisonment with 20 years suspended and 10 years supervised probation is summarily affirmed under N.D.R.App.P. 35.1(a)(4).
Peltier v. State (consolidated w/20230392)
Docket No.: 20230391
Filing Date: 5/16/2024
Case Type: Appeal - Criminal - Post-Conviction Relief
Author: Per Curiam
Highlight: A district court's order on petitions is summarily affirmed under N.D.R.App.35.1(a)(2).
Peltier v. State (consolidated w/20230391)
Docket No.: 20230392
Filing Date: 5/16/2024
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Crothers, Daniel John
Highlight: A district court's order on petitions is summarily affirmed under N.D.R.App.35.1(a)(2).
Rivera-Rieffel v. State
Docket No.: 20230402
Filing Date: 5/16/2024
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam
Highlight: An order denying an application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).
Jung v. State
Docket No.: 20240031
Filing Date: 5/16/2024
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Bahr, Douglas Alan
Highlight: To succeed on a claim for ineffective assistance of counsel, the applicant must show: (1) counsel's representation fell below an objective standard of reasonableness, and (2) there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different.
When a defendant pleads guilty on the advice of counsel, the defendant may only attack the voluntary and intelligent character of the guilty plea.
Interest of S.M.F.
Docket No.: 20240097
Filing Date: 5/16/2024
Case Type: Appeal - Juvenile - Termination of 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).
