New Opinions: July 3
Bazile v. State 2025 ND 128
Docket No.: 20250015
Filing Date: 7/3/2025
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Tufte, Jerod E.
Highlight: A district court order denying an amended application for postconviction relief is affirmed.
An application for postconviction relief based on newly discovered evidence under N.D.C.C. § 29-32.1-01(1)(e) is reviewed as a motion for a new trial based on newly discovered evidence under N.D.R.Crim.P. 33.
Section § 29-32.1-01 ("Remedy - To whom available - Conditions) limits the availability of postconviction relief to those grounds listed under subsection 1. An applicant for postconviction relief under N.D.C.C. ch. 29-32.1 must base his application on the grounds provided under N.D.C.C. § 29-32.1-01(1).
Res judicata bars relitigation of the same claim or claims that were fully and finally determined in a previous proceeding.
Interest of B.F. 2025 ND 127
Docket No.: 20250159
Filing Date: 7/3/2025
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Tufte, Jerod E.
Highlight: An appeal from a juvenile court order terminating parental rights is affirmed.
A factfinder may rely in its findings on an affidavit if the affidavit is properly offered and received into the evidentiary record.
Termination of parental rights proceedings under N.D.C.C. ch. 27-20.3 are governed by the North Dakota Rules of Juvenile Procedure and, to the extent they are not inconsistent with the Rules of Juvenile Procedure, the North Dakota Rules of Civil Procedure.
N.D.R.Juv.P. 16 applies to motions to vacate in termination of parental rights proceedings under N.D.C.C. ch. 27-20.3.
Rule 16, N.D.R.Juv.P., provides for both mandatory and discretionary modification of orders. A court's exercise of its discretion under N.D.R.Juv.P. 16(b) is reviewed for an abuse of discretion.
A court's discretion to modify orders under N.D.R.Juv.P. 16(b) is narrow when the order at issue is an order terminating parental rights. Under N.D.R.Juv.P. 16(b)(2), a court may only vacate an order terminating parental rights on motion of the parent if the child is not placed for adoption and the person having custody of the child consents in writing to the vacation of the decree.
When a parent fails to appear at a proceeding under N.D.C.C. ch. 27-20.3, a juvenile court does not violate the parent's constitutional due process rights if it exercises its discretion to proceed under N.D.R.Juv.P. 10.
Interest of I.F. 2025 ND 127
Docket No.: 20250160
Filing Date: 7/3/2025
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Tufte, Jerod E.
Highlight: An appeal from a juvenile court order terminating parental rights is affirmed.
A factfinder may rely in its findings on an affidavit if the affidavit is properly offered and received into the evidentiary record.
Termination of parental rights proceedings under N.D.C.C. ch. 27-20.3 are governed by the North Dakota Rules of Juvenile Procedure and, to the extent they are not inconsistent with the Rules of Juvenile Procedure, the North Dakota Rules of Civil Procedure.
N.D.R.Juv.P. 16 applies to motions to vacate in termination of parental rights proceedings under N.D.C.C. ch. 27-20.3.
Rule 16, N.D.R.Juv.P., provides for both mandatory and discretionary modification of orders. A court's exercise of its discretion under N.D.R.Juv.P. 16(b) is reviewed for an abuse of discretion.
A court's discretion to modify orders under N.D.R.Juv.P. 16(b) is narrow when the order at issue is an order terminating parental rights. Under N.D.R.Juv.P. 16(b)(2), a court may only vacate an order terminating parental rights on motion of the parent if the child is not placed for adoption and the person having custody of the child consents in writing to the vacation of the decree.
When a parent fails to appear at a proceeding under N.D.C.C. ch. 27-20.3, a juvenile court does not violate the parent's constitutional due process rights if it exercises its discretion to proceed under N.D.R.Juv.P. 10.
Equinor Energy v. NDIC, et al. 2025 ND 126
Docket No.: 20240357
Filing Date: 7/3/2025
Case Type: Appeal - Administrative - Industrial Commission
Author: Tufte, Jerod E.
Highlight: An order of the North Dakota Industrial Commission is vacated for lack of jurisdiction.
Adjudicatory jurisdiction does not necessarily inhere in an agency's regulatory jurisdiction. A public administrative body has such adjudicatory jurisdiction as is conferred on it by statute. The jurisdiction of an administrative agency is dependent upon the terms of the statute.
Section 38-08-04, N.D.C.C., grants the Commission broad regulatory jurisdiction over disposal of saltwater, but it does not expressly or by necessary implication grant jurisdiction to adjudicate disputes arising under contracts relating to saltwater disposal.
The "costs" of "operation of a well on a spacing unit" under N.D.C.C. § 38-08-08(2) include production costs but exclude post-production costs. The Commission's jurisdiction to determine proper costs under § 38-08-08(2) thus extends only to production costs and excludes post-production costs.
Salt-water gathering is a post-production cost outside of the Commission's jurisdiction under N.D.C.C. § 38-08-08(2), and the Commission thus lacks jurisdiction under N.D.C.C. § 38-08-08(2) to adjudicate disputes between private parties over saltwater gathering costs.
Gomez v. State 2025 ND 125
Docket No.: 20250058
Filing Date: 7/3/2025
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Crothers, Daniel John
Highlight: An application for post-conviction relief must be filed within two years of the date the conviction becomes final.
An application for postconviction relief may be summarily dismissed if commenced outside the two-year period for filing and does not meet an exception under N.D.C.C. § 29-32.1-01(3).
Matter of Quilt 2025 ND 124
Docket No.: 20240360
Filing Date: 7/3/2025
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Crothers, Daniel John
Highlight: A district court's order granting a continuance to allow a witness to appear by reliable electronic means was affirmed.
Interest of Wedmore 2025 ND 123
Docket No.: 20240303
Filing Date: 7/3/2025
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Crothers, Daniel John
Highlight: A district court's order granting a motion for a witness to appear by electronic means is summarily affirmed under N.D.R.App.P. 35.1(a)(7).
A district court's order finding an individual qualifies as a sexually dangerous individual must contain findings that the individual has a serious difficulty controlling their behavior.
Fagnon v. Ngaima 2025 ND 122
Docket No.: 20250074
Filing Date: 7/3/2025
Case Type: Appeal - Civil - Protection/Restraining Order
Author: McEvers, Lisa K. Fair
Highlight: A district court may grant a disorderly conduct restraining order when a petitioner shows there are reasonable grounds to believe that the respondent has engaged in disorderly conduct. Disorderly conduct means intrusive or unwanted acts, words, or gestures that are intended to adversely affect the safety, security, or privacy of another person.
A district court's findings of fact must be sufficient to enable an appellate court to understand the factual determinations made by the district court and the basis for its conclusions of law. The district court's findings are adequate if the appellate court can discern from them the factual basis for the district court's decision.
There must be logical limits on the time and distance factors when a restraining order is at issue.
Toppenberg v. Toppenberg, et al. 2025 ND 121
Docket No.: 20250017
Filing Date: 7/3/2025
Case Type: Appeal - Civil - Child Support
Author: Jensen, Jon J.
Highlight: According to N.D.C.C. § 14-09-08.4(4) and N.D. Admin. Code. § 75-0204.1-07(7), party seeking modification of a child support order that was entered at least one year before the filing of the motion has the burden of proving that the existing level of support does not conform to the guidelines and that the change in employment was not made for the purpose of reducing the obligor's child support obligation.
A proper finding of net income is essential to determine the correct amount of child support under the child support guidelines. Net income is the total gross annual income less certain amounts available for deduction under N.D. Admin. Code § 75-02-04.1-01(6). Gross income is defined as "income from any source, in any form," except for some specific exclusions under N.D. Admin. Code § 75-02-04.1-01(4)(a).
Sanda v. Sanda 2025 ND 120
Docket No.: 20240352
Filing Date: 7/3/2025
Case Type: Appeal - Civil - Divorce
Author: Jensen, Jon J.
Highlight: When a divorce is granted, the district court shall make an equitable distribution of the property and debts of the parties. All property held by the parties, whether it is held individually or jointly, is deemed marital property, and the court must determine the property's total value before making an equitable distribution. This includes separate property, or property exempt from being included as marital property, that has been commingled or placed into a joint bank account.
If the parties do not mutually agree upon a valuation date, the valuation date for marital property and debt is sixty days before the initially scheduled trial date. If there is a substantial change in value of an asset or debt between the date of valuation and the date of trial, the district court may adjust the valuation of that asset or debt as necessary to effect an equitable distribution and shall make specific findings that another date of valuation is fair and equitable.
A property distribution does not need to be equal to be equitable, but the district court must explain a substantial disparity. The property's origin may be considered when equitably dividing the estate, along with economic fault and dissipation of assets.
A premarital agreement is a contract that is interpreted in a manner that gives effect to the parties' mutual intent at the time of contracting, usually in relation to the disposition of property upon divorce.
We do not reweigh conflicts in the evidence, and we give due regard to the district court's opportunity to judge the credibility of the witnesses.
Interest of J.O. 2025 ND 119
Docket No.: 20250036
Filing Date: 7/3/2025
Case Type: Appeal - Juvenile - Deprivation
Author: Per Curiam
Highlight: A juvenile court judgment finding the children are in need of protection is summarily affirmed under N.D.R.App.P. 35.1(a)(2).
Interest of L.O. 2025 ND 119
Docket No.: 20250037
Filing Date: 7/3/2025
Case Type: Appeal - Juvenile - Deprivation
Author: Per Curiam
Highlight: A juvenile court judgment finding the children are in need of protection is summarily affirmed under N.D.R.App.P. 35.1(a)(2).
Interest of A.O. 2025 ND 119
Docket No.: 20250038
Filing Date: 7/3/2025
Case Type: Appeal - Juvenile - Deprivation
Author: Per Curiam
Highlight: A juvenile court judgment finding the children are in need of protection is summarily affirmed under N.D.R.App.P. 35.1(a)(2).
Interest of A.O. 2025 ND 119
Docket No.: 20250039
Filing Date: 7/3/2025
Case Type: Appeal - Juvenile - Deprivation
Author: Per Curiam
Highlight: A juvenile court judgment finding the children are in need of protection is summarily affirmed under N.D.R.App.P. 35.1(a)(2).
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