Ackerman v. Ackerman
, 1999 ND 135,
596 N.W.2d 332
District court's findings under the best-interests-of-the child test should be consistent and clear.
District court must award child support where an interim custody award is made.
Holtz v. Holtz
, 1999 ND 105,
595 N.W.2d 1
A mother's mental inability to parent a child as the child matures constitutes a material change of circumstances warranting a change of custody.
A mother's mental inability to parent a child that required, in the child's best interests, a change of custody to the father constituted clear and convincing evidence to rebut the presumption against custody arising from the father's past incidents
of domestic violence.
Vass v. Sissell
, 1999 ND 71,
598 N.W.2d 860
Order granting petition for disorderly conduct restraining order summarily affirmed under N.D.R.App.P. 35.1(a)(4).
State v. Overby
, 1999 ND 47,
590 N.W.2d 703
A warrantless search preceding arrest is a valid search incident to arrest provided probable cause to arrest existed before the search and the arrest and search are substantially contemporaneous.
The odor of marijuana emanating from a suspect's vehicle provides probable cause to make a warrantless arrest of the suspect, where the suspect is alone in his vehicle when he is stopped, no other vehicles or people are in the vicinity, the vehicle's
door is open as the officer approaches, and the officer is well-trained in identifying the odor of marijuana.
City of Jamestown v. Snellman
, 1998 ND 200,
586 N.W.2d 494
Dismissal of criminal charges because the prosecution is not ready to proceed with a pretrial evidentiary hearing is improper when the court has not considered alternative sanctions, and has not provided the prosecution with notice and an opportunity
to be heard on the matter of sanctions.
State v. Rohde
, 1998 ND App 13,
595 N.W.2d 603
Convictions for driving while under suspension and
driving without liability insurance are summarily
affirmed under N.D.R.App.P. 35.1(a)(1) and (7).
Mead v. ND Dept. of Transportation
, 1998 ND App 2,
581 N.W.2d 145
Sections 44-08-20(3) and 29-06-02, N.D.C.C., authorize a peace
officer responding to a valid request for aid and assistance from
another law enforcement agency to complete the investigation and
make a warrantless arrest of a person outside the peace officer's
jurisdiction.
Estate of Zimmerman
, 1998 ND 116,
579 N.W.2d 591
A prenuptial agreement is not a valid written waiver of a
surviving spouse's right to an elective share when it does not
waive "all rights," or contain equivalent language, in the
property or estate of the prospective spouse, and when it does
not contain a "complete property settlement."
A decedent's will that leaves a spouse "the legal minimum
required by law" entitles the surviving spouse to an elective
share of the augmented estate.
Interest of J.S.
, 1998 ND 92,
578 N.W.2d 91
Under N.D.R.App.P. 4(a), a trial court may extend the time for
filing the notice of appeal in an action under N.D.C.C. ch.
25-03.1.
A trial court may order continuing treatment based on patient's
past behavior, when coupled with current and uncontroverted
expert opinion patient's behavior would revert if prescribed
treatment did not continue.
State v. Steinbach
, 1998 ND 18,
575 N.W.2d 193
The coroner's opinion the victim died from a homicidal shotgun
wound is properly admitted into evidence even though the coroner
initially formed his opinion without knowing the length of the
shotgun and based his opinion, in part, on the fact the defendant
concealed the victim's body.
A trial court does not abuse its discretion in denying the
defendant's motion for a new trial based upon newly discovered
evidence one of the prosecution's witnesses may have lied while
testifying about a peripheral issue. Affidavits impeaching the
testimony of a witness are generally insufficient to justify a
new trial.
A trial court does not abuse its discretion by denying a new
trial motion based upon newly discovered evidence if the evidence
is not likely to change the result of the original trial.
N.D.C.C. 12.1-32-04 is not an exclusive list of factors the
court can consider in sentencing.
State v. Lusby
, 1998 ND 19,
574 N.W.2d 805
Restraining orders defining unlawful conduct should be clear and
unambiguous.
Albrecht v. Walter
, 1997 ND 238,
572 N.W.2d 809
Generally, guarantors who pay more than their proportionate share
of an obligation are entitled to contribution from other
guarantors who are jointly and severally liable for the
contribution.
A paying guarantor taking an assignment may not recover from his
coguarantors more than their proportionate shares of the amount
paid.
A coguarantor may purchase an assignment of a note and
guaranties, but the parties' initial relationship as coguarantors
operates as a matter of law to restrict the recovery and governs
the rights of the coguarantors.
Braaten v, Deere and Co.
, 1997 ND 202,
569 N.W.2d 563
The Stutsman County District Court did not abuse its discretion
when it refused to apply the doctrine of equitable
tolling. Because the district court did not apply the
doctrine, we will not consider whether it is appropriate for a
district court to apply an equitable tolling doctrine not based
on statute.
Estate of Zimmerman
, 1997 ND 58,
561 N.W.2d 642
In unsupervised probate proceedings, a court order disposing of a
spouse's claim against her deceased husband's estate is not
appealable without a Rule 54(b) certification when the spouse has
other claims pending against the estate.
Interest of M.G.
, 1997 ND 12,
565 N.W.2d 505
Order continuing treatment at the State Hospital summarily
affirmed under N.D.R.App.P. 35.1(a)(2).
State v. Stuart
,
562 N.W.2d 104 (N.D. 1996)
Convictions and sentences on two counts of failure to
appear or post bond on traffic citations summarily
affirmed under Rule 35.1(a)(7), N.D.R.App.P.
Interest of P.L.P.
,
556 N.W.2d 657 (N.D. 1996)
A trial court's decision that respondent was chemically
dependent on pain medication was supported by
evidence, and its scheduling problems justified brief
delay in the treatment hearing.
Interest of R.M.
,
555 N.W.2d 798 (N.D. 1996)
The trial court's finding that without continuing
treatment there is a substantial likelihood the respondent's
mental health will deteriorate and result in the respondent
being a danger to himself or others was not clearly
erroneous. Because a psychiatrist recommended placement in
an environment less restrictive than the State Hospital, the
case was remanded for further proceedings to consider the
appropriateness of alternative treatment.
City of Jamestown v. DeGroot
,
562 N.W.2d 104 (N.D. 1996)
DUI conviction summarily affirmed under Rule 35.1,
N.D.R.App.
Interest of R.A.J.
,
554 N.W.2d 809 (N.D. 1996)
A forced medication order may conditionally authorize
more than one combination of medicines depending upon a later
refusal by the patient to take the least restrictive combination
of medication. When uncontradicted expert testimony shows the
only appropriate treatment combines two types of medicine and
the patient only consents to one of them, the patient has
refused treatment.
Interest of C.W.
,
552 N.W.2d 382 (N.D. 1996)
In an involuntary commitment proceeding, the evidence
clearly and convincingly supported the trial court's
conclusion the respondent was a person requiring treatment
and there was a reasonable expectation the respondent posed a
serious risk of harm if untreated. The evidence clearly
and convincingly supported the trial court's authorization of
forced medication for the respondent, and the prescribed
medication was the least restrictive form of intervention
necessary to meet the respondent's current medical needs.
Interest of R.A.
,
551 N.W.2d 800 (N.D. 1996)
An order for involuntary commitment which is supported
by clear and convincing evidence cannot be impeached by a
collateral attack on a prior order committing the respondent
for treatment.
Braaten v. Deere & Co.
,
547 N.W.2d 751 (N.D. 1996)
State v. Carriere
,
545 N.W.2d 773 (N.D. 1996)
Interest of J.S.
,
545 N.W.2d 145 (N.D. 1996)
State v. Zurmiller
,
544 N.W.2d 139 (N.D. 1996)
State v. Stuart
,
544 N.W.2d 158 (N.D. 1996)
State v. Ova
,
539 N.W.2d 857 (N.D. 1995)
State v. Keyes
,
536 N.W.2d 358 (N.D. 1995)
Interest of J.S.
,
530 N.W.2d 331 (N.D. 1995)
Interest of J.S.
,
528 N.W.2d 367 (N.D. 1995)