October 2003
October 29, 2003

Judicial Vacancy in District Judgeship No. 2, South Central District, 2003 ND 163
Judgeship ordered retained and filled.

October 23, 2003

Alerus Financial v. Lamb, 2003 ND 158
When a motion for enlargement of time is untimely, a court, in its discretion, may grant an enlargement of time only if the failure to file timely was the result of excusable neglect.
An appellant must show the trial court manifestly abused its discretion to overturn a denial of a new trial based on new evidence.
A deficiency judgment is a judgment against a debtor personally for the unpaid balance after a foreclosure sale or a sale of repossessed property fails to satisfy the full amount of the debt.
Disciplinary Board v. Hoffman, 2003 ND 161
An attorney is appropriately suspended from the practice of law for one year when the hearing panel has found clear and convincing evidence of professional conduct violations.
Prior discipline is relevant as an aggravating factor when the prior incidents establish a pattern of misconduct.
Grewal v. N.D. Association of Counties, 2003 ND 156
An employer of an independent contractor is not liable for the acts or omissions of the independent contractor unless the employer retains control of the method, manner, and operative details of the independent contractor's work.
Iglehart v. Iglehart, 2003 ND 154
Summary judgment is appropriate in a negligence action when the record indicates the defendant did not owe a duty to the plaintiff and was not negligent.
Interest of R.F., 2003 ND 162
At a mental health hearing on a petition for discharge, the burden of proof is the same as at an involuntary treatment hearing.
The petitioner must prove by clear and convincing evidence that the respondent is a person requiring mental health treatment.
A person requiring treatment has the right to the least restrictive means of treatment.
Ralston v. Ralston, 2003 ND 160
A custodial parent does not need court approval to move a child out of state when the noncustodial parent has moved from the state before or after the divorce decree and lives more than fifty miles from the residence of the custodial parent.
Ruggles v. Sabe, 2003 ND 159
A vested remainderman has an action for waste against a life tenant.
State v. Ballweg, 2003 ND 153
Facts in a search warrant affidavit are not misleading if there was no reckless or deliberate falsity nor omitted information that would have negated probable cause.
A high degree of suspicion attaches to the collective purchase of ingredients and supplies used to manufacture methamphetamine.
The combination of the presence of anhydrous ammonia, the collective purchase of an amount of Sudafed inconsistent with personal use and other supplies used to manufacture methamphetamine, and concealment of a garage creates a substantial basis to conclude probable cause exists to search a premises for a methamphetamine manufacturing operation.
State v. Faleide, 2003 ND 157
A revocation of probation is summarily affirmed under N.D.R.App.P. 35.1(a)(2).
State v. Zephyrin, 2003 ND 155
Criminal convictions for robbery, felonious restraint, and unauthorized use of a motor vehicle are summarily affirmed under N.D.R.App.P. 35.1(a)(3), (4) and (7).