On June 20, 2024, several opinions were filed in various appeal cases. The details are as follows:
In the case of Kubal v. Anderson (Docket No.: 20240007), authored by Daniel John Crothers, the court highlighted that the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), N.D.C.C. ch. 1414.1, governs interstate custody disputes. The determination of whether North Dakota is a child's home state under the UCCJEA must be analyzed based on when the proceeding in North Dakota was commenced. Jurisdiction may exist under the UCCJEA even if North Dakota is not a child's home state. The purpose of the UCCJEA is to promote cooperation between courts of different states and prevent manipulation of the judicial system and undue complication of child custody disputes.
In Stephens v. Lee (Docket No.: 20230381), also authored by Daniel John Crothers, it was noted that when determining a parent's motion to relocate a child out of state, a district court must first determine if the non-relocating parent consented or if an existing order or decree permits relocation. If neither condition is met, the court must determine the merits of the relocation by applying the Stout-Hawkinson factors. The district court's findings under these factors and its decision to deny the motion to relocate were summarily affirmed under N.D.R.App.P. 35(a)(2). Additionally, the district court's findings on statutory best interest factors and its decision to grant a motion to change primary residential responsibility were also summarily affirmed.
In State v. Vervalen (Docket No.: 20230286), authored by Lisa K. Fair McEvers, it was highlighted that voluntary intoxication is not a defense to a criminal charge. However, evidence of intoxication is admissible whenever it is relevant to negate or establish an element of the offense charged. Attempted "intentional" murder requires proving that the accused had an intent to kill for conviction. A party waives an error when given an opportunity to address it but intentionally relinquishes that opportunity.
Lastly, in Interest of D.M.E. (Docket No.: 20240152), authored per curiam, orders for hospitalization and involuntary treatment with medication were summarily affirmed under N.D.R.App.P. 35.1(a)(2).