Ashley Education Association v. Ashley Public School District - Civil No. 960246 The court declined to decide whether a school district can issue new extracurricular assignments to teachers during contract negotiations, because the case became moot when the district and teachers settled and because the controversy is not of great public interest nor capable of repetition while evading review.
Binder v. Binder - Civil No. 960111 Parties may stipulate to have a successor judge decide a case on the prior trial record. Such stipulation waives the parties' due process rights if done knowingly and voluntarily.
Bland v. Commission on Medical Competency - Civil No. 960163 The Administrative Agencies Practice Act does not apply to the temporary suspension of a physician's license under N.D.C.C. 43-17-32.1. The Board's decision to temporarily suspend Bland's license was reasonable and not arbitrary.
Holzer v. Jochim - Civil No. 960061 A successor to the judge who tried a civil action for damages erred by redetermining liability issues, after reviewing the trial transcript, without affording the parties an opportunity to retry the case.
In the Interest of J.K.M., a Minor Child - Criminal No. 960052 Affirming juvenile court's order refusing to transfer child from juvenile court to district court under N.D.C.C. 27-20-34(1)(b)(4). In medical testimony presented and child's response to treatment, the State did not prove reasonable grounds to believe child is not amenable to treatment.
Pulkrabek v. Sletten - Civil No. 960042 A letter written to the State Parole Board at the request of a prisoner to be considered at a parole hearing is an absolutely privileged communication under N.D.C.C. 14-02-05(2).
Rohde v. State - Civil Nos. 960139, 960140, and 960141 District court's order denying application for post-conviction relief is summarily affirmed under Rule 35.1(a)(2), N.D.R.App.P.
State v. Ensminger - Criminal No. 960148 Denial of motion for new trial summarily affirmed under Rule 35.1, N.D.R.App.P.
State v. Hanson - Criminal No. 960103 A district court decision holding a statute unconstitutional is appealable. N.D.C.C. 29-01-32, which in some instances requires pretrial disclosure of the names and addresses of persons the defendant intends to call as witnesses at trial and any statements or reports of statements of such persons, is unconstitutional.
State v. LaMorie - Criminal No. 960057 The finder of fact must rely only on the evidence presented in court, and the trial court erred in making factual findings from an unauthenticated document sent to the court weeks after the hearing. The failure to inform the magistrate of the exact date of a burglary did not invalidate a search warrant when other evidence presented demonstrated a continuing course of criminal conduct, including cashing money orders stolen in the burglary, from the time of the burglary until the warrant was sought.
State v. LeBlanc - Criminal No. 960171 Reckless endangerment conviction summarily affirmed under Rule 35.1(a)(3), N.D.R.App.P.
State v. Stuart - Criminal Nos. 960209 and 960210 Convictions and sentences on two counts of failure to appear or post bond on traffic citations summarily affirmed under Rule 35.1(a)(7), N.D.R.App.P.
Trollwood Village v. Cass County Board of County Commissioners - Civil No. 960162 If an assessor increases the assessed valuation of property by fifteen percent or more from the previous year's assessment, the assessor's failure under N.D.C.C. 57-12-09 to give the owner written notice of the increase is jurisdictional and invalidates the tax attributable to a fifteen percent or more increase in the previous year's assessed valuation. Under N.D.C.C. 57-23-04(1), an application for abatement of taxes must be filed by November 1 of the year after the tax "becomes delinquent," regardless of whether there is a shortfall in taxes actually paid. The Board of County Commissioners' valuation of real property for tax purposes was not arbitrary, capricious, or unreasonable.
Wolf v. Wolf - Civil No. 960132 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.
December 10, 1996
Frohlich v. N.D. Workers Compensation Bureau - Civil No. 960158 Under N.D.C.C. 65-05-08.1, the workers compensation bureau must request an updated medical report about the duration of a claimant's temporary total disability before terminating continuing benefits.
Goodleft v. Gullickson - Civil No. 950206 Under N.D.C.C. 32-21-03, the decedent's grandmother was not entitled to bring a wrongful death claim as a "surviving mother or father," or in her capacity as personal representative of the decedent's estate. Under N.D.R.Civ.P. 17(a), the trial court should have granted the decedent's grandmother a reasonable time for the substitution of the decedent's parents as plaintiffs, or for the parents' ratification of the wrongful death claim.
Caldwell v. Caldwell - Civil No. 960105 District court's divorce decree ordering equal division of the marital property summarily affirmed under Rule 35.1(a)(2), N.D.R.App.P.
December 4, 1996
Chapman v. Wells - Civil No. 960108 An attorney's lien under N.D.C.C. 35-20-08 did not attach to the debtor's IRA because an IRA of less than $100,000 is exempt from attachment under N.D.C.C. 28-22-03.1. The attorney was an unsecured creditor, and the debt was discharged in bankruptcy.
In Interest of P.L.P. - Civil No. 960343 A trial court's decision that respondent was chemically dependent on pain medication was supported by evidence, and its scheduling problems justified brief delay in the treatment hearing.
Kudrna v. Kudrna - Civil No. 960091 Divorce judgment awarding spousal support summarily affirmed under N.D.R.App.P. 35.1.
Post v. Cass County Social Services - Civil No. 960164 The Department of Human Services reasonably found that past-due insurance premium and property settlement payments that a divorce decree ordered the applicant's ex-husband to pay were factually "actually available" assets making applicant ineligible for medical assistance benefits.
State v Jones - Criminal No. 960092 Defendant's terrorizing conviction affirmed by holding (1) the trial court did not abuse its discretion by allowing the State to reopen its case after it had rested, (2) sufficient evidence sustained the conviction, and (3) the State's comments in closing argument responding to defense attorney's closing remarks were not obvious error.
State v. Roerick - Criminal No. 960080 Disclosure of expert witness two weeks prior to trial did not unfairly prejudice defendant or cause ineffective assistance of counsel.
Sternberger v. City of Williston - Civil No. 960153 For summary judgment, there is no evidence that the City of Williston was negligent in the maintenance of its snow-storage lot under premises liability.
Wald v. Wald - Civil No. 960031 A trial court should consider tax consequences in dividing marital property and setting spousal support only when it is properly informed what those consequences will be. The trial court may refuse to award spouse, as an unmodifiable property distribution, 50 percent of stock distributions which include the other spouse's salary from employment with the company. Trial court should consider ability to pay, and recipient's needs when allowing property distribution over time. In awarding spousal support, the trial court should consider supporting spouse's needs and ability to pay, and maintenance of relative standards of living.