Volume 965 — North Western Reporter, Second Series

Parties to a contract may incorporate contractual terms by reference to a separate, noncontemporaneous document, including a separate agreement to which they are not parties, and including a separate document which is unsigned. Although whether one agreement has incorporated another has factual components, whether material has been incorporated presents a question of law.

Orders denying leave to file new motions or papers are not appealable.

The evidence was sufficient to support the defendant's conviction of possession of certain materials prohibited.

To establish a prima facie case to warrant an evidentiary hearing on a motion for a change in primary residential responsibility, the moving party must present facts showing there has been both a material change in circumstances and the change is necessary for the best interests of the child under N.D.C.C. § 14-09-06.6(6). When a party has submitted an affidavit alleging first-hand knowledge of events that constitute a material change in circumstances and implicate the best interest factors, an evidentiary hearing on the motion must be held. This Court exercises discretion in determining whether to administer sanctions on appeal.

A criminal judgment entered following denial of a motion to suppress evidence is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

District court orders dismissing child abuse complaint and denying request for a hearing are summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (7), and single costs and attorney's fees are awarded under N.D.R.App.P. 38.

Whether a defendant voluntarily, knowingly, and intelligently waived his or her Miranda rights depends on the totality of the circumstances. Statements to law enforcement may be involuntary even if law enforcement has complied with the Miranda requirements. When a defendant makes an extrajudicial statement, there must be sufficient independent evidence establishing the trustworthiness of the statement.

A driver weaving within their lane in traffic can rise to reasonable and articulable suspicion to justify a traffic stop. A federal officer has jurisdiction to detain a non-Indian on an Indian reservation for a reasonable amount of time while waiting for a state law enforcement officer to arrive.

This Court reviews the district court's decision to uphold contact restrictions placed by a ward's guardian under the clearly erroneous standard of review. A district court's order of guardianship and findings of fact related to contract restrictions placed by the guardian are affirmed.