Ronald L. Hilden

Stadheim v. Stadheim , 2007 ND 64, 734 N.W.2d 342
The amended divorce judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(2).
Kostelecky v. Kostelecky , 2007 ND 63, 734 N.W.2d 342
Property division in a divorce is summarily affirmed under N.D.R.App.P. 35.1(a)(2).
City of Belfield v. Kilkenny , 2007 ND 44, 729 N.W.2d 120
All laws must meet two requirements to survive a void-for-vagueness challenge: the law must create minimum guidelines for the reasonable police officer, judge, or jury charged with enforcement of the statute; and the law must provide a reasonable person with adequate and fair warning of the proscribed conduct.
State v. Mulske , 2007 ND 43, 729 N.W.2d 129
If an accused desires to exercise his constitutional right to testify, the accused must act affirmatively and express to the court his desire to do so at the appropriate time or a knowing and voluntary waiver of the right is deemed to have occurred.
Unlike other constitutional rights that can be waived only after the court makes a formal inquiry, the court does not have a duty to verify that the defendant who is not testifying has waived his or her right voluntarily. Instead, the court is entitled to presume the attorney and the client discussed the right, and the defendant voluntarily agreed upon the final decision.
Harshberger v. Harshberger , 2006 ND 245, 724 N.W.2d 148
The Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA") establishes the criteria for deciding which state's courts have subject matter jurisdiction to make a child custody decisions involving interstate custody disputes, and subject matter jurisdiction under the UCCJEA cannot be conferred by agreement, consent, or waiver.
The UCCJEA applies to paternity actions only when custody or visitation is an issue.
A subsequent motion in a pending paternity action that implicates the jurisdictional requirements of the UCCJEA does not relate back to the beginning of the original paternity action that did not raise custody or visitation as an issue.
A judgment entered without subject matter jurisdiction is void.
Hild v. Johnson , 2006 ND 217, 723 N.W.2d 389
An undivided mineral interest conveyed or reserved in a deed may be expressed as a percentage, as a fraction, or as a specified number of mineral acres.
A grantee of a specified number of mineral acres in a described tract of land acquires that number of acres, and does not gain or lose if the tract contains more or less acreage than contemplated by the parties.
A grantee of an undivided mineral interest expressed as a percentage or fraction acquires that quantum in the entire described tract of land, and may gain or lose if the tract contains more or less acreage than contemplated by the parties.
When there is a discrepancy in a deed between the specific description of the property conveyed and an expression of the quantity conveyed, the specific description is controlling.
Quantity is the least certain of all elements of description in a deed, and all other elements of description must be ambiguous and uncertain before a recital of quantity will be considered.
Molitor v. Molitor , 2006 ND 163, 718 N.W.2d 13
A trial court's custody decision is a finding of fact that will not be set aside on appeal unless it is clearly erroneous.
A trial court's findings of fact in child custody cases should be stated with sufficient specificity to enable the appellate court to understand the factual basis for the court's decision.
The failure to raise the issue of judicial bias in the trial court precludes appellate court review on appeal.
When a party seeking modification of custody within two years of issuance of a custody order does not prove any of the grounds listed under N.D.C.C. 14-09-06.6(5) as a basis for modification, the trial court does not err in denying a motion to change custody.
Ulsaker v. White , 2006 ND 133, 717 N.W.2d 567
All assets regardless of source, whether separately obtained or inherited property, are to be considered part of the marital estate.
A district court misapplies the law when it determines property individually held is not included in the marital estate.
A property division need not be equal, but a substantial disparity must be explained.
Questions of property division and spousal support ordinarily must be examined and dealt with together.
State v. Gresz , 2006 ND 135, 717 N.W.2d 583
In the absence of physical action upon another person, the failure to include a self-defense jury instruction on a charge of disorderly conduct is not obvious error.
Kostelecky v. Kostelecky , 2006 ND 120, 714 N.W.2d 845
Property division and spousal support are interrelated and intertwined and often must be considered together. In making a spousal support determination, the district court must consider the relevant factors under the Ruff-Fischer guidelines.
Rehabilitative spousal support is awarded to equalize the burdens of divorce or to restore an economically disadvantaged spouse to independent status by providing an opportunity for a disadvantaged spouse to seek education, training, or experience that will enable the spouse to become self-supporting.
Hewson v. Hewson , 2006 ND 16, 708 N.W.2d 889
A trial court does not have continuing jurisdiction to modify a property distribution in a divorce judgment, but has continuing jurisdiction to modify child support.
Agreements between parents as to the support and maintenance of a child shall only be accepted by a trial court if they are in the child's best interest.
An agreement between parents purporting to prohibit or limit the power of a court to modify future child support violates public policy and is invalid.
As a matter of equity, a divorcing parent attempting to satisfy her child support obligation by foregoing a rightful share of the marital property is entitled to offset the amount of marital property given up against her child support obligation so long as it does not supercede the child's right to support.
When the equitable-offset remedy calculation results in a credit in favor of the obligor, the obligor receives only a credit against her future child support obligations and is not entitled to reimbursement for that credit.
Hoff v. Fitterer , 2005 ND 186, 705 N.W.2d 807
Under the child support guidelines, in cases of underemployment an obligor's ability to pay child support is not determined solely upon actual income, but also takes into account the obligor's earning capacity.
In cases of underemployment, the child support guideline subsection resulting in the greatest imputed income must be used.
Gosbee v. Martinson , 2005 ND App 10, 701 N.W.2d 411
Rule 54(e)(1), N.D.R.Civ.P., which provides that the trial court shall schedule a hearing when objections to costs and disbursements are filed, is mandatory and affords no discretion to the trial court to dispense with the required hearing unless it is expressly waived by the parties.
When a motion is submitted under N.D.R.Ct. 3.2 and oral argument is properly requested, the trial court has no discretion to refuse to hold a hearing.
When a trial court has erroneously failed to provide a required hearing, the appropriate remedy is a remand for a hearing.
Eberts v. Billings Co. Board of Commissioners , 2005 ND 85, 695 N.W.2d 691
A board of county commissioners may condemn land for a road under quick take procedures in N.D.C.C. 24-05-09 through 24-05-15.
H-T Enterprises v. Antelope Creek Bison Ranch , 2005 ND 71, 694 N.W.2d 691
The purpose of the no-counterclaim provision in the eviction statute is to get a speedy determination of possession.
A defendant in an eviction action may show the character of the parties' possessory rights, evidence of a strained relationship having a bearing on whether a material breach has occurred, and affirmative defenses and counterclaims.
Doll v. ND Department of Transportation , 2005 ND 62, 693 N.W.2d 627
Guidelines for use of a standard solution are not part of the approved method for conducting an Intoxilyzer test unless the State Toxicologist expressly includes them in the approved method filed with the clerk of district court.
Frieze v. Frieze , 2005 ND 53, 692 N.W.2d 912
Section 14-09-06.6(5), N.D.C.C., limits the grounds upon which a court may grant a motion to change custody which is brought within two years following entry of the order establishing custody, and includes the persistent and willful denial of interference with visitation or a present environment which may endanger or impair the child's physical or emotional health or development.
When a stepparent's career takes him or her out of state to secure a job, allowing the spouse and stepchildren to relocate to that place is crucially important to maintaining family continuity and stability.
When the relevant factors weigh in favor of the custodial parent's request to relocate the children, the trial court's denial of the motion constitutes reversible error.
Schmidt v. Wittinger , 2004 ND 189, 687 N.W.2d 479
A trial court can order a partition of real property if a partition in kind cannot be made without great prejudice to the owners.
For the partition in kind of real property, great prejudice exists when the value of the share of each in case of a partition would be materially less than the share of the money equivalent that each could probably obtain from the whole.
A joint tenant must account to cotenants for receiving more than a proportionate share of the rents and profits.
A cotenant's failure to participate in the federal conservation reserve program is not a legal breach entitling the joint tenants to compensatory damages.
State v. Kokron , 2004 ND 122, 688 N.W.2d 402
Judgment and sentence for gross sexual imposition are summarily affirmed under N.D.R.App.P. 35.1(a)(4).
Keller v. Bolding , 2004 ND 80, 678 N.W.2d 578
A person's willful failure to destroy or prevent the spread of Canada thistle on land in the person's possession violates North Dakota's public policy.
Forfeitures of estates under leases are not favored.
A condition involving a forfeiture must be interpreted strictly against the party for whose benefit it is created.
A contract cannot be arbitrarily terminated under a provision authorizing termination.
Evidentiary imprecision on the amount of damages does not preclude recovery.
Ensign v. Bank of Baker , 2004 ND 56, 676 N.W.2d 786
The filing of a Uniform Commercial Code financing statement by a nonresident defendant and its two inspections of collateral in the forum state do not constitute a voluntary or purposeful effort to do business in the forum state for purposes of establishing personal jurisdiction over the nonresident defendant.
Binek v. Binek , 2004 ND 5, 673 N.W.2d 594
The enforceability of a premarital agreement entered into prior to the adoption of N.D.C.C. ch. 14-03.1 is governed by common law.
A premarital agreement is enforceable under the common law if it is fair, reasonable, equitable, and just; does not contravene public policy; and was fairly entered into.
An award of spousal support is not precluded by a premarital agreement that applies only to the couple's property in the form of a property distribution as a result of divorce.
Ruggles v. Sabe , 2003 ND 159, 670 N.W.2d 356
A vested remainderman has an action for waste against a life tenant.
Cue v. State , 2003 ND 97, 663 N.W.2d 637
A court is required to give a criminal defendant, upon sentencing, credit for all time spent in custody as a result of the criminal charge or conduct for which the sentence is being imposed.
A defendant has the burden of showing he is entitled to additional sentence credit for time served in custody.
Gawryluk v. Poynter , 654 N.W.2d 400 (N.D. 2002)
The Duhig rationale applies to a grantor's overconveyance of mineral interests, and if the grantor does not own enough mineral interests to satisfy the conveyance, the conveyance is construed as a transfer of all the grantor's mineral interests.
Interest of J.R. and L.R. , 2002 ND 78, 643 N.W.2d 699
A child is deprived if clear and convincing evidence shows the child is without the proper parental care necessary for the child's physical, mental, or emotional health, or morals, and the deprivation is not due primarily to the lack of financial means of the child's parents or guardians.
Isaak v. Sprynczynatyk , 2002 ND 64, 642 N.W.2d 860
A driving record is a regularly kept record, and establishes prima facie its contents.
A party appealing from an administrative hearing officer's decision must comply with the specifications-of-error requirement.
Henderson v. Director, ND Dept. of Trans. , 2002 ND 44, 640 N.W.2d 714
The Supreme Court exercises a limited review in appeals involving drivers' license suspensions or revocations.
Reliability and accuracy of an Intoxilyzer test result is established by demonstrating compliance with the methods adopted by the state toxicologist.
Runge v. Runge , 2001 ND 39, 625 N.W.2d 264
Judgment valuing and distributing marital property is summarily affirmed under N.D.R.App.P. 35.1(a)(2).
State v. Haverluk , 2000 ND 178, 617 N.W.2d 652
A law enforcement officer may conduct a limited search of a vehicle's interior if there is a reasonable suspicion of danger to the officer.
A law enforcement officer may search a vehicle's interior incident to a lawful arrest as long as the search is contemporaneous with the arrest. A search incident to arrest is not invalid simply because the search preceded the arrest as long as the arrest quickly followed the search and the fruits of the search were not needed for probable cause to arrest.
Egeland v. Continental Resources, Inc. , 2000 ND 169, 616 N.W.2d 861
Consent from the landowner is not required when a lessee applies to the Industrial Commission to force pool property.
A Pugh clause severs an oil and gas lease when less than all of the leasehold is included in a pooled spacing unit, and production on the pooled portion does not normally constitute production on the part not pooled.
A continuous drilling operations clause continued to operate lease-wide after expiration of the primary term even though the Pugh clause limited the operation and effect of the habendum clause to the confines of each spacing unit.
Interest of A.R. , 2000 ND 130, 612 N.W.2d 569
In an appeal from an order of the juvenile court, review is not limited to determining whether the court's findings are clearly erroneous, but the findings are given appreciable weight.
When an evidentiary hearing has been held, it is the appellant's duty to order a transcript. An appellant assumes the consequences and the risk for the failure to file a complete transcript.
Smith v. Workers Comp. , 2000 ND 51, 608 N.W.2d 250
Injury caused by the illegal use of a controlled substance is noncompensable under workers compensation law.
Interest of C.J.C. , 2000 ND 27, 606 N.W.2d 117
The Uniform Parentage Act impliedly grants trial courts the power to change a minor child's surname if in the child's best interests.
On appeal, the appellant assumes the consequences and the risk of failure to file a transcript.
An interim order appointing a guardian ad litem is not a final judgment, and is subject to change at any time prior to entry of a final judgment.
Cost taxation is within the trial court's discretion and will not be disturbed on appeal unless it is affirmatively established the trial court abused its discretion.
Hendrickson v. Hendrickson , 2000 ND 1, 603 N.W.2d 896
Seela v. Moore , 1999 ND 243, 603 N.W.2d 480
Probable cause to arrest a driver for D.U.I. requires some signs of physical or mental impairment by the driver and reason to believe the impairment is caused by alcohol.
Fourth Amendment violations turn on an objective assessment of the officer's actions, in light of the facts and circumstances confronting the officer at the time, and not on the officer's actual state of mind or subjective beliefs.
Murphy v. Murphy , 1999 ND 118, 595 N.W.2d 571
There is no absolute right to a jury trial in an equitable proceeding.
There is no right to a jury trial on a claim or counterclaim for damages if it is incidental to or dependent upon a primary claim for which a jury trial is not allowed.
A defendant in a quiet title action may defend "after trial and within one year after the rendition of judgment therein, but not otherwise."
Timely compliance with North Dakota's nonclaim statute is mandatory, and untimely claims are barred as a matter of law.
Spring Creek Ranch v. Svenberg , 1999 ND 113, 595 N.W.2d 323
Whether a party made a reasonable inquiry to ascertain the addresses of the mineral interest owners is a question of fact inappropriate for summary judgment.
Hendrickson v. Hendrickson , 1999 ND 37, 590 N.W.2d 220
Withholding child support payments from a child because a custodial parent refuses to comply with visitation is improper.
Child support payments are to be used for a child's current expenses unless the trial court finds it is in the best interests to set aside the payments for future expenses.
McGee v. Palczewski, , 1998 ND 196, 595 N.W.2d 602
District court's judgment dismissing counterclaim summarily affirmed under N.D.R.App. P. 35.1(a)(2).
Dworshak v. Moore, Director, NDDOT , 1998 ND 172, 583 N.W.2d 799
Failure of a police officer to "immediately" issue a temporary operator's permit after taking possession of a person's operator's license for refusing a chemical test under N.D.C.C. 39-20-04(1) is not jurisdictional.
Appropriate remedy under N.D.C.C. 39-20-04(1) for delay in receiving a temporary operator's permit is to receive credit for the time in which the person was without an operator's license after the day of the person's refusal to submit to a chemical test.
Phillips v. Dickinson Management, Inc. , 1998 ND 123, 580 N.W.2d 148
When, as a matter of law, employment was at will, without a specified term, a jury verdict finding an employee was wrongfully terminated without cause is not supported by substantial evidence.
Torstenson v. Moore , 1997 ND 159, 567 N.W.2d 622
Courts must review an agency's factual findings only on the evidentiary record of testimony and exhibits. A finding of fact by an agency's hearing officer that a street was wide enough so the driver did not have to cross the center line to avoid parked cars was supported by a preponderance of the evidence.
Tooley v. Moore, Director of N.D.D.O.T. , 1997 ND 120, 565 N.W.2d 46
An officer does not deny an arrested driver the reasonable opportunity to obtain an independent saliva test when the test is not reasonably available.
Wolf v. Wolf , 557 N.W.2d 742 (N.D. 1996)
Trial court's award of child support was clearly erroneous under the child support guidelines because of inadequate findings regarding net monthly income. Spousal support award and property division were not clearly erroneous.
Estate of Murphy , 554 N.W.2d 432 (N.D. 1996)
Absent a novation or consent by the payee, the partial assignment of an obligation by the deceased does not reduce the obligation of the deceased's estate to the payee.
The trial court did not abuse its discretion in refusing to join a party who was neither indispensable nor necessary to the action, and any error in the timing of the court's ruling was harmless.
An award of attorney's fees must be authorized by contract or statute.
Richmond v. Nodland , 552 N.W.2d 586 (N.D. 1996)
Defamatory statements voluntarily made to law enforcement officers during investigation of criminal activity are qualifiedly privileged.
State v. Sundquist , 542 N.W.2d 90 (N.D. 1996)
City of Dickinson v. Powell , 539 N.W.2d 869 (N.D. 1995)
Resolution Trust Corp. v. Gosbee , 536 N.W.2d 698 (N.D. 1995)
State v. Zimmerman , 529 N.W.2d 171 (N.D. 1995)
Ziebarth v. State , 526 N.W.2d 107 (N.D. 1994)
Porth v. Glasoe , 522 N.W.2d 439 (N.D. 1994)
State v. Steier , 515 N.W.2d 195 (N.D. 1994)
State v. Simek , 502 N.W.2d 545 (N.D. 1993)
Ziebarth v. Farm Credit Bank of St. Paul , 494 N.W.2d 145 (N.D. 1992)
State v. Nelson , 488 N.W.2d 600 (N.D. 1992)
City of Dickinson v. Kraft , 472 N.W.2d 441 (N.D. 1991)
Carlson v. Carlson , 472 N.W.2d 228 (N.D. 1991)
Marsh v. Binstock , 462 N.W.2d 172 (N.D. 1990)
Ferebee Residuary Trust , 453 N.W.2d 830 (N.D. 1990)
Greenwood, Greenwood & Greenwood v. Klem , 450 N.W.2d 745 (N.D. 1990)
Home Insurance of Dickinson v. Speldrich , 436 N.W.2d 1 (N.D. 1989)
State v. Dressler , 433 N.W.2d 549 (N.D. 1988)
State v. Bauder , 433 N.W.2d 552 (N.D. 1988)
State v. Haverluk , 432 N.W.2d 871 (N.D. 1988)
State v. Martin , 391 N.W.2d 611 (N.D. 1986)

Generated from Supreme Court Docket on 10/07/2008