Aho v. Maragos , 1998 ND 107 - Civil No. 970265 Summary judgment is only appropriate if the nonmoving party has had a full opportunity to conduct discovery to develop information to oppose the motion.
May 20, 1998
Barta v. Hinds , 1998 ND 104 - Civil No. 970133 Special jury verdict awarding plaintiff $5,604.70 for pain and suffering, but nothing for medical expenses, is inconsistent and contrary to the evidence.
City of Mandan v. Baer , 1998 ND 101 - Criminal No. 970127 Criminal defendant is denied right to be present during stage of trial when district court erroneously excuses prospective juror during a recess in jury selection outside the presence of defendant and counsel. Convicted felon may be challenged for bias, but cannot be excused solely on basis of conviction. In harmless error analysis, burden of persuasion is on the State to show beyond a reasonable doubt a violation of presence requirement has not prejudiced defendant. Supreme Court is not persuaded beyond a reasonable doubt by speculative argument.
Owens v. State , 1998 ND 106 - Civil No. 970193 An applicant for post-conviction relief has the right to represent himself in the proceedings if he knowingly and intelligently elects to do so. If there is no direct appeal from a criminal conviction, a trial court in a post-conviction relief proceeding does not abuse its discretion in refusing an indigent applicant's request for a trial transcript unless the applicant shows a particularized need, necessity, or justification for its preparation and use. An applicant is not entitled to avoid the res judicata rule against repetitious post-conviction relief by raising contentions in a subsequent application which are simply variations of previous arguments. Issues which could have been raised in a direct appeal from a criminal conviction, but were not because no direct appeal was taken, can be raised in a post-conviction relief proceeding only if they relate to a condition delineated in N.D.C.C. 29-32.1-01 under which post-conviction relief may be granted.
Smith v. Burleigh County , 1998 ND 105 - Civil No. 970323 For a court to have subject matter jurisdiction over an appeal, the appellant must meet the statutory requirements for perfecting an appeal. An applicant for a writ of mandamus must demonstrate a clear legal right to the performance of an act and must have no other plain, speedy, and adequate remedy in the ordinary course of law. Judicial review of a decision by a nonjudicial governing body is limited to determining if the decision was arbitrary, capricious, or unreasonable.
State v. Greybull , 1998 ND 102 - Criminal No. 970216 To invoke her constitutional rights during a police interrogation, a suspect must make an unambiguous request for an attorney or to remain silent. Police are not required to stop and clarify ambiguous requests. The trial court is not required to inform a defendant, found to be a special dangerous offender, of the parole consequences of NDCC 12.1-32-09.1.
State v. Neufeld , 1998 ND 103 - Criminal No. 970281 Whether jointly charged offenses should be separated for trial is left to the trial court's discretion. A prior out-of-court statement may be used to rebut an implied charge of recent fabrication or improper influence or motive. The trial court may allow impeachment under Rule 608(b), N.D.R.Evid., as to specific instances of conduct, only if the conduct is probative of the witness's character for truthfulness or untruthfulness. Section 12.1-20-14, N.D.C.C., requires the defense to move in writing in advance of trial if evidence of sexual conduct is to be used to attack the credibility of the complaining witness.
May 13, 1998
Gierke v. Gierke , 1998 ND 100 - Civil No. 970207 Absent service of notice of entry of a judgment or an order, the time for appeal begins to run when the appellant has actual knowledge of entry of the judgment or order evidenced by some affirmative action by the appellant in the record. The failure to require a spousal support obligor to provide security for a spousal support obligation may be an abuse of discretion.
May 4, 1998
Harty v. Harty , 1998 ND 99 - Civil No. 970298 Trial court's refusal to appoint a new guardian ad litem or to suppress the guardian ad litem's report is not error where the record evidence supports the trial court's finding the guardian ad litem was not biased against either party. Child's non-custodial parent is not entitled to an abatement of child support payments for the day-care expenses she was required to pay while the child was in her custody.