City of Fargo v. Salsman, 2001 ND 3 The trial court's judgment of conviction for a violation of Fargo Municipal Code is affirmed under N.D.R.App.P. 35.1(a)(2). City of Harvey v. Fettig, 2001 ND 12 The prosecutor's statement supporting an appeal from a suppression order cannot be a mere paraphrase of the statutory language, but must explain the relevance of and need for the evidence which was suppressed. Clark v. State, 2001 ND 9 Under Apprendi v. New Jersey, 120 S.Ct. 2348, 2355 (2000), any fact, other than prior convictions, that increases the penalty for a crime beyond the prescribed statutory maximum must be found by a jury and proved beyond a reasonable doubt. Disciplinary Board v. Howe, 2001 ND 7 A lawyer's conduct involving dishonesty, fraud, deceit, or misrepresentation generally results in suspension from the practice of law. Doyle v. Sprynczynatyk, 2001 ND 8 Points on a driving record must be reduced for completion of a defensive driver course only if the points are accumulated prior to completing the course. Points accumulate when entered on the driving record, not at the date of the traffic citation or conviction. Englund v. State, 2001 ND 2 Appeal from denial of post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4). Hurt v. Hurt, 2001 ND 13 Evidence of domestic violence which does not trigger the statutory presumption under N.D.C.C. 14-09-06.2(1)(j) remains one of the best interest factors to be considered by the court. A guardian ad litem's recommendation on child custody is not conclusive. A trial court's custody determination is a finding of fact that is not set aside on appeal unless clearly erroneous. Interest of J.S., 2001 ND 10 Expedited appeals under the mental health law are limited to the procedures, findings, and conclusions of the lower court. Because of this limited review, detailed findings are necessary. A mental health patient has the right to the least restrictive conditions necessary to achieve the treatment purposes. Marschner v. Marschner, 2001 ND 4 A spouse is disadvantaged who has foregone opportunities or lost advantages as a consequence of the marriage and who has contributed during the marriage to the supporting spouse's increased earning capacity. A disadvantaged spouse is not required to deplete a property distribution in order to live. A valid consideration in awarding spousal support is balancing the burden created by divorce. A trial court cannot consider issues of property division and spousal support separately, in a vacuum, but must examine those issues together. Nord v. Herrman, 2001 ND 11 Any survey method that results in equitable allocation of a new shoreline in proportion to each owner's share of the original shoreline will satisfy the legal requirement of proportional allocation. When a trial court is faced with conflicting opinions by expert witnesses for the parties, and the court could have relied on either party's expert witness, the court's choice between the two permissible views of the weight of the evidence is not clearly erroneous. Changes in property boundaries caused by rising and falling waters is a natural consequence of riparian land ownership. A quiet title judgment is not binding on other property owners in the area who were not made parties to the action and who might have a claim to the subject property. Owens v. State, 2001 ND 15 Post-conviction relief is denied for misuse of process when a petitioner presents issues the petitioner inexcusably failed to raise in a previous post-conviction hearing. Reiser v. Reiser, 2001 ND 6 In dividing the marital estate, fault causing deterioration of the marriage is a relevant factor under the Ruff-Fischer guidelines. In awarding attorney fees in a divorce proceeding, fault is only relevant to the extent one party has unreasonably escalated the fees. State ex rel. Dep't of Corrections and Rehabilitation v. Haskell, 2001 ND 14 The Supreme Court exercises its discretionary authority to issue supervisory writs on a case-by-case basis, rarely and cautiously, and only to rectify errors and prevent injustice in extraordinary cases in which there is no adequate alternative remedy. Failure of a plaintiff to present a notice of claim, as required by N.D.C.C. 32-12.2- 04, renders the district court without jurisdiction. State v. Kelly, 2001 ND 5 Judgment of conviction for gross sexual imposition, attempted gross sexual imposition, felonious restraint, and theft summarily affirmed under N.D.R.App.P. 35.1(a)(3).
January 17, 2001
Lang v. Binstock, 2001 ND App 1 - Court of Appeals Summary judgment dismissing an action for conversion of personal property is summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (6). Lang v. State, 2001 ND App 2 - Court of Appeals Res judicata, or claim preclusion, prohibits relitigation of claims or issues that were raised or could have been raised in a prior action between the same parties or their privies, and which were resolved by final judgment in a court of competent jurisdiction. Collateral estoppel, or issue preclusion, generally prohibits relitigation in a second action based on a different claim, of issues of fact or law which were, or must have been, determined in the prior suit. Without citations to relevant authority or supportive reasoning, an argument is without merit.