Houn v. N.D. Dep't of Transportation, 2000 ND 131 A person arrested for driving under the influence who refuses to submit to a blood-alcohol test may cure that refusal by consenting to a test within a reasonable time after the refusal if the subsequent test will still be accurate, testing equipment or facilities are still available, the subject has been in custody and under observation since the arrest, and the subsequent test will not result in substantial inconvenience or expense to law enforcement. Interest of N.C.C., 2000 ND 129 To change custody after the two-year period following a custody order, the district court must determine a material change in the circumstances of the child or the parties has occurred since the custody order and modification is necessary to serve the child's best interests. A district court's findings on a motion to change custody will not be reversed unless they are clearly erroneous. Interest of A.R., 2000 ND 130 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. Ruscheinsky v. Ulrich, 2000 ND 133 An order for child support that is due and unpaid can constitute a judgment by operation of law. Since April 2, 1999, such judgments are no longer subject to a statute of limitations or to cancellation. The child support arrearage amount on a certified State Disbursement Unit ledger is prima facie evidence of the state's records. Singha v. N.D. State Board of Medical Examiners, 2000 ND 134 In comparing a foreign-educated applicant's educational qualifications and the successful completion of three years of approved postgraduate training with the kinds of courses required at a reputable medical or osteopathic college in the United States and the successful completion of one year of approved postgraduate training under the medical licensing provisions of N.D.C.C. 43-17-18(3), the State Board of Medical Examiners is not required to accept externships or independent study that is not part of the foreign educational institution's curriculum. State v. Krall, 2000 ND 128 Counterfeiting conviction entered upon a guilty plea summarily affirmed under N.D.R.App.P. 35.1(a)(2). Tangen v. N.D. Workers Compensation Bureau, 2000 ND 135 Although the law in effect at the time of injury ordinarily governs workers compensation claims, the law in effect at the time of aggravation of a prior work injury governs a reapplication for disability benefits. To deny aggravation benefits because the employee exceeded work restrictions, the Bureau must prove the claimant knew of the specific work restrictions and intentionally engaged in activities which exceeded those restrictions. Wagner v. Wagner, 2000 ND 132 A "mortgage on real estate" does not include a judgment lien.
June 23, 2000
Montgomery v. Disciplinary Board, 2000 ND 127 A disbarred attorney applying for reinstatement must prove by clear and convincing evidence he currently has the requisite honesty and integrity to practice law. In determining whether to reinstate a disbarred attorney, the court may consider the seriousness of the prior misconduct, the attorney's failure to acknowledge and take responsibility for his misconduct, evidence of malice or ill will toward those involved in the disciplinary proceedings, and the attorney's failure to make full restitution to his clients.
June 19, 2000
Disciplinary Board v. Stevenson, 2000 ND 126 Attorney suspended from the practice of law for 60 days under Rule 4.4, N.D.R. Lawyer Discipl., governing reciprocal discipline. Disciplinary Board v. Roybal, 2000 ND 125 Attorney disbarred under Rule 4.4, N.D.R. Lawyer Discipl., governing reciprocal discipline
June 14, 2000
Douville v. Pembina County Water Resource District, 2000 ND 124 Under the statute governing authorization of water control devices, a dike is a device for flood control regulation capable of retaining water. A landowner cannot acquire a prescriptive easement to maintain a dike constructed in violation of state law. Hoffner v. N.D. Workers Compensation Bureau, 2000 ND 123 Generally, injuries sustained while traveling to and from work are not compensable under our Workers Compensation laws. If an employee having fixed hours and place of work is not compensated for travel to the place of work, there is a strong presumption the travel to the place of work is not "employer required." Substantial evidence is considered less than a preponderance.
June 8, 2000
Negaard-Cooley v. N.D. Workers Compensation Bureau, 2000 ND 122 The Workers Compensation Bureau must clarify internal discrepancies in the report of an independent medical examination it relied on to deny a claim. Nelson v. Nelson, 2000 ND 118 Child support summary judgment summarily affirmed under N.D.R.App.P. 35.1(a)(7). Olson v. Olson, 2000 ND 120 A custodial parent has the burden of proving a proposed move to another state is in the best interest of the child. State v. Martin, 2000 ND 121 A county satisfies the randomness requirement of North Dakota's Jury Selection Plan if it randomly selects a jury pool and takes jury panels from the list sequentially. State v. Rubey, 2000 ND 119 The sex-offender-registration statute requires the offender to register even if a court has not advised the offender of the requirement. "Address" as used in the sex-offender-registration statute includes an address used only for receiving mail, such as a post office box address. Stibbe v. Saunders, 2000 ND 117 Summary judgment summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (6).