Kelsh v. Jaeger, 2002 ND 53 The Legislature can truncate senate terms when reasonably necessary to accomplish a constitutional mandate or directive. It is an impermissible delegation of legislative power for the Legislature to place in one person the unfettered discretion to stop an election. When reapportionment results in a substantial constituency change, the constitutional requirement that a senator be elected from a district may justify truncating an incumbent senator's term to give the electorate an opportunity to elect a senator from that district.
March 18, 2002
Froistad v. State, 2002 ND 52 A defendant's oral statement may be treated as a motion to withdraw a guilty plea. When accepting a factual basis for a guilty plea, a district court may consider information beyond what is presented at the plea hearing, including information in a presentence report. A district court is not required to inquire about the specific type of medications, the dosages, and the effect the medications might have on a defendant's faculties before it accepts a guilty plea, as long as it finds the plea is voluntary. A telephone conference at which the district court informs the parties of a ruling is not a critical stage of a trial requiring the defendant's presence.
March 15, 2002
Wagaman v. Burke, 2002 ND 51 An order changing summer custody into summer visitation is an order establishing custody for purposes of the two-year restriction on motions to change custody.
March 12, 2002
City of Grand Forks v. Thong, 2002 ND 48 The legislature set twenty-eight days as the time a defendant in municipal court has to request a trial by jury. Once a defendant requests a jury trial, a subsequent waiver of the right to a jury trial must be express. Without evidence in the files of a municipal court of a defendant's obligation to appear, there is insufficient evidence to prove the defendant failed to appear. Dalan v. Paracelsus Healthcare Corp., 2002 ND 46 When a party fails to establish the existence of a factual dispute on an essential element of his claim, on which he will bear the burden of proof at trial, summary judgment is appropriate. A claim for unjust enrichment does not apply when an express contract exists. Dufner v. Dufner, 2002 ND 47 If the evidence establishes one of the grounds for divorce, it is not necessary for the court to make findings on other available grounds. For the purposes of determining a child support obligation, temporary income is included in the obligor's gross income. Primary caretaker status does not enjoy paramount status in a child custody determination. Henderson v. Director, N.D. Dep't of Transportation, 2002 ND 44 The Supreme Court exercises a limited review in appeals involving drivers' license suspensions or revocations. Reliability and accuracy of an Intoxilyzer test result is established by demonstrating compliance with the methods adopted by the state toxicologist. Interest of J.D., 2002 ND 50 The statute requires evidence that less restrictive conditions were considered to affirm a district court's commitment order as the least restrictive course of treatment appropriate for an individual. The statute requires other forms of intervention be considered before a district court orders forced medication as the least restrictive form of intervention necessary to meet an individual's treatment needs. Without explanation, mere conclusory statements by the treating psychiatrist and other physician are not helpful in determining whether a district court should authorize involuntary treatment with prescribed medications. Opp v. Ward Co. Social Services Bd., 2002 ND 45 Assets are actually available for Medicaid eligibility purposes when the applicant has a legal interest in a liquidated sum and has the ability through reasonable legal means to attempt to make the sum available for support. Peters-Riemers v. Riemers, 2002 ND 49 An eviction action may be brought to enforce the terms of a divorce judgment. Issues not presented to the trial court will not be considered for the first time on appeal. State v. Aipperspach, 2002 ND 40 Denial of motion to suppress and judgment of conviction for abuse of child in violation of N.D.C.C. 14-09-22 summarily affirmed under N.D.R.App.P. 35.1(a)(2). State v. Morrison, 2002 ND 41 Judgment of conviction for assaulting a police officer is summarily affirmed under N.D.R.App.P. 35.1(a)(3). State v. Schmidt, 2002 ND 43 Absent an offer of proof to support the claim, a trial court does not err in denying a motion in limine for a jury instruction on an affirmative defense of innocent mistake of fact. Wahl v. Country Mut. Ins. Co., 2002 ND 42 The statutory requirement that an insurer give at least ten days notice of cancellation of a commercial insurance policy during the term of the policy does not require an insurer to provide notice of cancellation when the policy term expires. The statutory requirement that an insurer give at least thirty days notice of intent not to renew a commercial insurance policy does not require an insurer to provide a notice of nonrewal when a policy term expires and the insured has not paid a renewal premium.