William A. Neumann, Justice Grinnell Mutual Reinsurance Co. v. Lynne , 2004 ND 166, 686 N.W.2d 118
(Joined in concurrence)
Highlight of the Opinion of the Court:
To successfully oppose a motion for summary judgment, a party must not rely upon unsupported or conclusory allegations.
An insurance policy is not ambiguous when the plain language of the policy precludes coverage.
A causal relationship exists when damage to property arises out of the inherent nature of the work performed.
A house is real property and a fixture when the actions of the owner manifest an intention to have the house remain on the property permanently.
Riemers v. Peters-Riemers , 2004 ND 153, 684 N.W.2d 619
(Joined in concurrence)
Highlight of the Opinion of the Court:
Collateral estoppel generally bars new litigation, based on a different claim, of issues that were or must have been determined in the prior suit.
Collateral estoppel bars relitigation of an issue if: (1) the issue decided in the prior adjudication is identical to the one presented; (2) there was a final judgment on the merits; (3) the party against whom the plea is asserted was a party or in privity with a party to the prior adjudication; and (4) the party against whom the plea is asserted had a fair opportunity to be heard on the issue.
A court of this state that has made a child custody determination has exclusive, continuing jurisdiction over the determination.
No civil action lies for perjury in another proceeding.
Res judicata means that a valid, existing final judgment from a court of competent jurisdiction is conclusive, with regard to the issues raised, or those that could have been raised, and determined as to the parties and their privies in all other actions.
A trial court's denial of a motion for a continuance to amend a complaint will not be reversed unless the trial court abused its discretion.
A trial court's denial of a motion for a continuance to conduct additional discovery will not be reversed unless the trial court abused its discretion.
Interest of T.F. , 2004 ND 126, 681 N.W.2d 786
(Concurring)
Highlight of the Opinion of the Court:
Under federal law, termination of parental rights to an Indian child requires proof beyond a reasonable doubt that continued custody of the child by the parent is likely to result in serious emotional or physical damage to the child.
Incarceration of a parent, by itself, does not establish abandonment of a child for purposes of terminating parental rights.
A probability of serious mental and emotional harm to the child may be established from a parent's current inability to properly care for the child.
Duma v. Keena , 2004 ND 104, 680 N.W.2d 627
(Joined in concurrence)
Highlight of the Opinion of the Court:
Unopposed instructions become the law of the case.
A special verdict will be set aside only if it is perverse and clearly contrary to the evidence. Reconciliation of a verdict includes an examination of both the law of the case and the evidence in order to determine whether the verdict is logical and probable and thus consistent, or whether it is perverse and clearly contrary to the evidence.
Christianson v. Christianson , 2003 ND 186, 671 N.W.2d 801
(Concurring)
Highlight of the Opinion of the Court:
No North Dakota statute or case law provides for the imputation of income in spousal support cases.
Equalization of income is not a goal or a measure of spousal support although it is a factor which may be considered.
Reineke v. Reineke , 2003 ND 167, 670 N.W.2d 841
(Concurring and dissenting)
Highlight of the Opinion of the Court:
The Ruff-Fischer guidelines apply to both property division and spousal support, which ordinarily must be considered together.
Both economic and noneconomic fault are proper factors for the trial court to consider in dividing marital property.
The appointment of a custody investigator or a guardian ad litem is committed to the trial court's discretion.
Hoffner v. Johnson , 2003 ND 79, 660 N.W.2d 909
(Joined in dissent)
Highlight of the Opinion of the Court:
The six-year statute of repose for medical malpractice actions under N.D.C.C. 28-01-18(3) does not violate equal protection.
For equitable estoppel precluding application of a statute of limitation or repose, the plaintiff must show affirmative deception by the defendant.
Koapke v. Herfendal , 2003 ND 64, 660 N.W.2d 206
(Joined in dissent)
Highlight of the Opinion of the Court:
A referring physician does not have a duty to obtain a patient's informed consent unless the referring physician formally prescribed or performed the procedure.
Retaining a "degree of participation" in the treatment plan associated with a surgery is not enough to create liability on the part of the referring physician.
Bachmeier v. Workers Comp. , 2003 ND 63, 660 N.W.2d 217
(Joined in dissent)
Highlight of the Opinion of the Court:
A claimant who files a reapplication seeking a resumption of discontinued disability benefits must prove an actual wage loss caused by a significant change in the compensable medical condition.
A claimant who was not working and had not sought employment before or after a change in his compensable medical condition did not incur an actual wage loss.
Gronfur v. Workers Comp. , 2003 ND 42, 658 N.W.2d 337
(Joined in dissent)
Highlight of the Opinion of the Court:
When reapplying to resume discontinued disability benefits, a claimant must prove an actual wage loss caused by a significant change in the compensable medical condition.
For an actual wage loss, a claimant must have been earning wages from employment when the change in medical condition occurred causing at least a partial loss of those wages.
Steinbach v. State , 2003 ND 46, 658 N.W.2d 355
(Concurring)
Highlight of the Opinion of the Court:
A trial court can summarily dispose of a post-conviction relief application for misuse of process. Process is misused when the defendant: (1) inexcusably fails to raise an issue on direct appeal and now seeks review in an application for post-conviction relief; (2) inexcusably fails to pursue an issue on appeal which was raised at the trial court; (3) inexcusably fails to raise an issue in an initial post-conviction relief application.
Although a party seeking a summary disposition bears the initial burden of showing there is no genuine issue of material fact, that burden may be shifted to the nonmoving party once the moving party points out to the district court there is an absence of evidence to support the nonmoving party's case.
Rittenour v. Gibson , 2003 ND 14, 656 N.W.2d 691
(Joined in dissent)
Highlight of the Opinion of the Court:
A tenant knowing of a dangerous condition on the premises has a duty to warn a social guest.
A district court abuses its discretion when it submits instructions to the jury that, taken as a whole, contain an error in the law that makes a material difference in how the jury might have understood the law.
Wanner v. N.D. Workers Comp. Bureau , 2002 ND 201, 654 N.W.2d 760
(Concurring)
Highlight of the Opinion of the Court:
While a failure to report income from work is material to the Bureau's ability to determine a claimant's entitlement to benefits and to calculate the amount of benefits, a failure to report money received apart from work is not similarly material
Absent a statutory or administrative definition of "work," an ordinary person would reasonably expect to have to report as work only activities performed in regular employment by others for remuneration, or showing an ability to regularly perform a gainful occupation, and would not ordinarily expect to have to report casual activities not done for remuneration and not performed for an employer.
Interest of D.Q. , 2002 ND 188, 653 N.W.2d 713
(Concurring)
Highlight of the Opinion of the Court:
A district court's review of a judicial referee's findings and recommendations under Administrative Rule 13, section 11(b), when it is a review of the record, is governed by N.D.R.Civ.P. 53, and the district court is obliged to accept the referee's findings unless they are clearly erroneous.
Quamme v. Bellino , 2002 ND 159, 652 N.W.2d 360
(Joined in concurrence)
Highlight of the Opinion of the Court:
When there has been an initial award of spousal support, the district court retains jurisdiction to modify the award at least as long as the spousal support continues.
The party seeking a change of spousal support bears the burden of showing a material change in circumstances warranting a modification.
Absent modifying language in the support award, the obligee is entitled to spousal support from the obligor's estate if the obligor predeceases the obligee.
Kimball v. Landeis , 2002 ND 162, 652 N.W.2d 330
(Dissenting)
Highlight of the Opinion of the Court:
Summary judgment is not appropriate in a negligence action if the disputed facts and permissible inferences from those facts are such that reasonable persons could reach different conclusions from those facts and inferences.
Under N.D.R.Civ.P. 4(b)(2)(c), personal service upon an individual for whom a guardian has been appointed is accomplished by serving the individual's guardian.
Absent valid service of process, actual knowledge of a lawsuit is insufficient to effectuate personal jurisdiction over a defendant.
For equitable tolling of a statute of limitations, a plaintiff must have several legal remedies and reasonably and in good faith pursue one of the remedies, thereby tolling the limitation for the other remedies.
Interest of J.R. and L.R. , 2002 ND 78, 643 N.W.2d 699
(Concurring)
Highlight of the Opinion of the Court:
A child is deprived if clear and convincing evidence shows the child is without the proper parental care necessary for the child's physical, mental, or emotional health, or morals, and the deprivation is not due primarily to the lack of financial means of the child's parents or guardians.
Olson v. Bismarck Parks and Recreation District , 2002 ND 61, 642 N.W.2d 864
(Concurring)
Highlight of the Opinion of the Court:
The recreational use immunity statutes do not violate the state equal protection clause when applied to winter sledders injured on a hill owned, operated, and maintained by a public landowner.
Kelly v. Kelly , 2002 ND 37, 640 N.W.2d 38
(Joined in concurrence)
Highlight of the Opinion of the Court:
An order changing custody is a finding of fact, which will not be disturbed on appeal unless clearly erroneous.
When the previous custody award was based on the parties' stipulation, the trial court must consider all relevant evidence in making a considered and appropriate custody decision.
Kelly v. Kelly , 2002 ND 37, 640 N.W.2d 38
(Concurring)
Highlight of the Opinion of the Court:
An order changing custody is a finding of fact, which will not be disturbed on appeal unless clearly erroneous.
When the previous custody award was based on the parties' stipulation, the trial court must consider all relevant evidence in making a considered and appropriate custody decision.
Shiek v. ND Workers Comp. , 634 N.W.2d 493 (N.D. 2001)
(Concurring)
Highlight of the Opinion of the Court:
Under the 1991 version of N.D.C.C. 65-05-09.3, claimants who become permanently and totally disabled on or before their intended retirement are eligible for disability benefits after that date.
James v. Griffin , 2001 ND 90, 626 N.W.2d 704
(Dissenting)
Highlight of the Opinion of the Court:
Once prior acquiescence of a boundary has been destroyed by a nonacquiescent possession, the 20-year period for establishing acquiescence begins running anew.
Meyer v. Hawkinson , 2001 ND 78, 626 N.W.2d 262
(Concurring)
Highlight of the Opinion of the Court:
An alleged contract to share proceeds of a winning ticket in the Canadian lottery is unenforceable as contrary to the public policy of the state of North Dakota when the statutory language and legislative history so comprehensively and clearly convey the policy underlying North Dakota's repeated rejection of a state-operated lottery and high-stakes gambling.
When an alleged contract is unenforceable on the basis of public policy, it is unnecessary to consider the issue of whether the contract existed.
Praus v. Mack , 2001 ND 80, 626 N.W.2d 239
(Concurred in result)
Highlight of the Opinion of the Court:
A trial court may grant parties on a side of litigation additional peremptory challenges if they have essentially adverse or antagonistic interests.
An expert witness may not be permitted to express an opinion if the facts disclosed by the evidence are such that it may be assumed the jury is capable of understanding them and arriving at its own conclusion.
A trial court's failure to instruct the jury about the violation of a safety regulation is not prejudicial error, if the complaining party had the opportunity to argue the theory to the jury and the instructions given allowed for a finding of negligence if the jury believed the complaining party's evidence.
Jury instructions on legal principles which illustrate how negligence law is applied in a specific situation are not indispensable if the parties are allowed to argue their theory of the case and the instructions given adequately inform the jury of the law.
One or more jurors in a civil case making an improper unauthorized visit to the scene of the accident is not prejudicial in the absence of a showing it influenced the verdict.
Interest of C.R.C. , 2001 ND 83, 625 N.W.2d 533
(Concurring)
Highlight of the Opinion of the Court:
Termination of parental rights is appropriate when the State proves by clear and convincing evidence that a child is deprived and the deprivation is not due primarily to a lack of financial resources; the causes and conditions of the deprivation will likely continue or will not be remedied; and the child is suffering, or will probably suffer, serious physical, mental, moral, or emotional harm from the deprivation.
McPhee v. Tufty , 2001 ND 51, 623 N.W.2d 390
(Concurring)
Highlight of the Opinion of the Court:
Whether the family car doctrine applies depends on the totality of the circumstances, and is a question of fact for the trier of fact to decide.
In deciding whether a vehicle was "used" by an insured when a third party was actually driving the insured's vehicle, courts analyze two factors: (1) whether the vehicle was under the supervision and control of the insured; and (2) whether the vehicle was being operated to serve a purpose of the insured.
Coverage of a newly acquired vehicle is automatic if notice is given within 30 days of its acquisition.
Tibor v. Tibor , 2001 ND 43, 623 N.W.2d 12
(Concurring and dissenting)
Highlight of the Opinion of the Court:
The presumptively correct child support guidelines are rebutted by a preponderance of the evidence establishing a noncustodial parent's reduced ability to provide support due to visitation travel expenses and a downward deviation from the guidelines is in the best interests of the children. Until the guidelines define a "reduced ability to pay," an affidavit from the noncustodial parent testifying as to net income and anticipated travel expenses is sufficient rebuttal evidence. A trial court may use its discretion to determine whether visitation travel expenses may be deducted directly from the child support payments or from the noncustodial parent's gross monthly income to calculate net income for the purpose of determining the appropriate child support obligation, as the guidelines do not provide a method for calculating the deviation.
The child support guidelines may be rebutted by evidence of travel expenses for only court-ordered visitations, not for discretionary visitation travel expenses.
Marschner v. Marschner , 2001 ND 4, 621 N.W.2d 339
(Dissenting)
Highlight of the Opinion of the Court:
A spouse is disadvantaged who has foregone opportunities or lost advantages as a consequence of the marriage and who has contributed during the marriage to the supporting spouse's increased earning capacity. A disadvantaged spouse is not required to deplete a property distribution in order to live.
A valid consideration in awarding spousal support is balancing the burden created by divorce. A trial court cannot consider issues of property division and spousal support separately, in a vacuum, but must examine those issues together.
Owens v. State , 2001 ND 15, 621 N.W.2d 566
(Joined in concurrence)
Highlight of the Opinion of the Court:
Post-conviction relief is denied for misuse of process when a petitioner presents issues the petitioner inexcusably failed to raise in a previous post-conviction hearing.
Schaan v. Magic City Beverage Co. , 2000 ND 71, 609 N.W.2d 82
(Joined in dissent)
Highlight of the Opinion of the Court:
A motion for a new trial may be joined with a motion for judgment as a matter of law, but the joined motions must be filed within the 15 days allowed for moving for judgment as a matter of law under N.D.R.Civ.P. 50.
A motion stating that a party will order a transcript and present grounds at a later date is insufficiently particular.
A trial court may extend the time for filing a motion for a new trial when a party shows good cause and the request for an extension is made within the 60 days provided for a new trial motion under N.D.R.Civ.P. 59(c)(2).
A trial court abuses its discretion by granting an extension of time to file an appeal based on an unexplained delay in ordering a trial transcript.
Elshaug v. ND Workers Comp. Bur. , 2000 ND 42, 607 N.W.2d 568
(Joined in concurrence)
Highlight of the Opinion of the Court:
Ex parte communications between the Workers Compensation Bureau's outside and in-house attorneys violate N.D.C.C. 28-32-12.1(3). An appropriate remedy for improper ex parte communication occurring after the ALJ recommends the Bureau deny a claim is to reverse the Bureau's denial of the claim and remand for an evidentiary rehearing.
Matter of Abolition of Judgeship Under NDCC 27-05-02.1 , 1999 ND 226, 603 N.W.2d 57
(Dissenting)
Highlight of the Opinion of the Court:
Judgeship No. 5 in the Southwest Judicial District terminated effective Dec. 31, 2001.
Schanilec v. Grand Forks Clinic, Ltd. , 1999 ND 165, 599 N.W.2d 253
(Joined in concurrence)
Highlight of the Opinion of the Court:
The two-year statute of limitations for bringing a medical malpractice action does not begin to run in a misdiagnosis case until the plaintiff knows, or with reasonable diligence should know, of the injury, its cause, and the defendant's possible negligence.
Tibor v. Tibor, , 1999 ND 150, 598 N.W.2d 480
(Concurring)
Highlight of the Opinion of the Court:
The statute governing change of residence of minor children applies where parents have joint custody.
Murphy v. Murphy , 1999 ND 118, 595 N.W.2d 571
(Joined in dissent)
Highlight of the Opinion of the Court:
There is no absolute right to a jury trial in an equitable proceeding.
There is no right to a jury trial on a claim or counterclaim for damages if it is incidental to or dependent upon a primary claim for which a jury trial is not allowed.
A defendant in a quiet title action may defend "after trial and within one year after the rendition of judgment therein, but not otherwise."
Timely compliance with North Dakota's nonclaim statute is mandatory, and untimely claims are barred as a matter of law.
State v. Smith , 1999 ND 109, 595 N.W.2d 565
(Dissenting)
Highlight of the Opinion of the Court:
Improper closing arguments by the State do not necessarily affect a defendant's right to a fair trial when the district court gives a curative instruction.
Failure to give defendant's requested jury instruction is not error if the instruction given adequately advises the jury of the law.
An unobjected-to jury instruction on conspiracy is not reversible error.
Engebretson v. ND Workers Comp. Bureau , 1999 ND 112, 595 N.W.2d 312
(Joined in concurrence)
Highlight of the Opinion of the Court:
Under the 1995 law, a claimant can recover benefits if the injury was substantially aggravated or accelerated by the employment.
Speculative evidence is insufficient when tests could show whether claimant's employment substantially aggravated or accelerated an injury.
Haff v. Hettich , 1999 ND 94, 593 N.W.2d 383
(Joined in concurrence)
Highlight of the Opinion of the Court:
N.D.C.C. 32-03.2-02, modified comparative fault, changed common law tort principles to require apportionment of fault and damages between an original tortfeasor and a physician who negligently treats the original injury.
N.D.C.C. 32-03.2-02 does not violate substantive due process.
Under N.D.C.C. ch. 26.1-41, bodily injury arising out of the operation of a motor vehicle includes negligent medical treatment of personal injuries sustained in a motor vehicle accident.
Anderson v. Anderson , 1999 ND 57, 591 N.W.2d 138
(Joined in dissent)
Highlight of the Opinion of the Court:
N.D.C.C. 39-06-09 imputes the negligence of a minor permit driver to an injured passenger when that passenger is the parent who signed the minor driver's permit application.
State v. Burckhard , 1999 ND 64, 592 N.W.2d 523
(Concurring)
Highlight of the Opinion of the Court:
Under the law of the case doctrine, legal questions decided by an appellate court will not be differently determined on a subsequent appeal in the same case where the facts remain the same.
The mandate rule, a more specific application of law of the case, requires the trial court to follow pronouncements of an appellate court on legal issues in subsequent proceedings of the case and to carry the appellate court's mandate into effect according to its terms.
Kjonaas v. Kjonaas , 1999 ND 50, 590 N.W.2d 440
(Concurring)
Highlight of the Opinion of the Court:
The trial court abused its discretion in denying a continuance when a party failed to supplement discovery until the day before trial, thereby denying the opposing party a fair opportunity to prepare for trial.
Circle B Enterprises, Inc. v. Steinke , 1998 ND 164, 584 N.W.2d 97
(Concurring and dissenting)
Highlight of the Opinion of the Court:
A contractor who fails to substantially perform a contract cannot recover under the contract for work performed, but may be entitled to recover in quantum meruit if the value of the part performance is not integrated into a valid liquidated damages clause.
Paxton v. Wiebe , 1998 ND 169, 584 N.W.2d 72
(Joined in dissent)
Highlight of the Opinion of the Court:
Where retroactive application of amendments to the North Dakota Rules of Civil Procedure requiring post-judgment motions to be "served and filed" to be timely would be unfair and work an injustice, the supreme court will apply the pre-amendment rule requiring only "service" for the post-judgment motion to be timely.
A trial court's determination about whether a conversion has been committed is not clearly erroneous where the landlord made numerous attempts to return the unlawfully evicted tenant's personal property and in no way exercised dominion over the personal property in derogation of the tenant's rights.
Barta v. Hinds , 1998 ND 104, 578 N.W.2d 553
(Dissenting)
Highlight of the Opinion of the Court:
Special jury verdict awarding plaintiff $5,604.70 for pain and suffering, but nothing for medical expenses, is inconsistent and contrary to the evidence.
Interest of J.S. , 1998 ND 92, 578 N.W.2d 91
(Concurring)
Highlight of the Opinion of the Court:
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. Poitra , 1998 ND 88, 578 N.W.2d 121
(Joined in concurrence)
Highlight of the Opinion of the Court:
A criminal defendant's waiver of the right to counsel must be knowing and intelligent.
Berg v. Ullman, ex rel., Ullman , 1998 ND 74, 576 N.W.2d 218
(Dissenting)
Highlight of the Opinion of the Court:
A child support obligor is required by N.D. Admin. Code 75-02-04.1-02(7) to provide documentation of current income.
Under N.D. Admin. Code 75-02-04.1-07(3), income must be imputed to an underemployed obligor.
Although there are three methods of imputation, the baseline or minimum imputation is 167 times the federal minimum wage.
A child support order must include a statement of the obligor's net income and how that income was determined.
State v. Olson , 1998 ND 41, 575 N.W.2d 649
(Concurring and dissenting)
Highlight of the Opinion of the Court:
The passenger compartment of a car may be searched incident to arrest for driving under suspension.
Under inevitable discovery doctrine, evidence from the search of a trunk will not be suppressed when the valid search of the passenger compartment would have given probable cause to search trunk.
Search warrant is supported by probable cause when items found in car provide nexus to search hotel room.
Hopfauf v. State , 1998 ND 30, 575 N.W.2d 646
(Concurring)
Highlight of the Opinion of the Court:
Proceedings under the Uniform Post-Conviction Procedure Act are civil in nature.
Whether sought in a motion for new trial or in an application for post-conviction relief, a new trial on the ground of newly discovered evidence will be granted only if the evidence is of such a nature that it would probably produce an acquittal at a retrial.
Conclusory allegations about trial counsel's failure to call certain witnesses at trial, without identifying the potential witnesses, indicating what their testimony would have been, or indicating how their testimony might have affected the outcome of the trial, are insufficient to raise a genuine issue of material fact requiring a hearing or relief under the Uniform Post-Conviction Procedure Act.
Boe v. Rose , 1998 ND 29, 574 N.W.2d 834
(Joined in dissent)
Highlight of the Opinion of the Court:
A purchaser of property from a personal representative must act in good faith to receive the protections afforded under N.D.C.C. 30.1-18-11.
The trial court erred in granting summary judgment granting specific performance to a purchaser of farmland from the personal representative of an estate because, there was a genuine issue of fact whether the purchaser knew the personal representative needed the prior approval of the devisees and, therefore, was not acting in good faith when he purchased the property.
Paulson v. Bauske , 1998 ND 17, 574 N.W.2d 801
(Concurred in result)
Highlight of the Opinion of the Court:
The trial court's finding a custodial mother's move with her child to Colorado to live with her new husband who had accepted a job there would not be in the child's best interest was clearly erroneous.
Continuity and stability of a custodial family unit is an important consideration in deciding whether to allow a custodial parent to move out of state with a child.
When a move is allowed, the court must restructure visitation to preserve and foster the relationship between the child and noncustodial parent.
Lohstreter v. Lohstreter , 1998 ND 7, 574 N.W.2d 790
(Concurring and dissenting)
Highlight of the Opinion of the Court:
Granting a parent some discretion in visitation transportation for the safety of a child is appropriate when the other parent is an alcoholic who continues to drink.
When allocating debt, a court may not disregard a spouse's economic misconduct during the marriage.
A spouse returning to school and thereby facilitating rehabilitation during a period of separation should not be denied rehabilitative spousal support where there is insufficient marital property to equalize the burdens and disadvantages of the marriage.
Zimmerman v. Valdak Corp. , 1997 ND 203, 570 N.W.2d 204
(Dissenting)
Highlight of the Opinion of the Court:
The Workers' Compensation Act does not preclude a civil cause of action against an employer for true intentional injuries.
Dismissal of an employee's civil lawsuit against his employer is appropriate when there is no evidence to support a claim his employer had knowledge an injury was certain to occur.
Hallock v. Mickels , 1997 ND 156, 568 N.W.2d 277
(Dissenting)
Highlight of the Opinion of the Court:
An obligor is entitled to suspend child support payments when the child drops out of school prior to the end of the school year and turns eighteen during the subsequent summer months. Support ends when the child turns eighteen and does not begin again until the child fulfills the requirements of N.D.C.C.  14-09-08.2.
Ostafin v. State , 1997 ND 102, 564 N.W.2d 616
(Concurring)
Highlight of the Opinion of the Court:
Trial court's determination that plea agreement in which defendant waived good time reduction was illegal affirmed. Trial court's decision to allow defendant to choose whether to have court correct illegal sentence or withdraw guilty plea reversed and case remanded to correct illegal sentence to conform to intent of original plea bargain.
Van Klootwyk v. Van Klootwyk , 1997 ND 88, 563 N.W.2d 377
(Concurring)
Highlight of the Opinion of the Court:
In determining whether a spouse is disadvantaged and is entitled to spousal support, whether she is "self-supporting" is not the only determination.
State v. Breiner , 1997 ND 71, 562 N.W.2d 565
(Dissenting)
Highlight of the Opinion of the Court:
In a misdemeanor sexual offense prosecution, when accepting a guilty plea, the trial court must impose a 10-year sex-offender registration requirement under NDCC 12.1-32-15. If the court fails to do so, the court abuses its discretion if it does not allow the defendant to withdraw the guilty plea later.
State v. Breiner , 1997 ND 71, 562 N.W.2d 565
(Joined in dissent)
Highlight of the Opinion of the Court:
In a misdemeanor sexual offense prosecution, when accepting a guilty plea, the trial court must impose a 10-year sex-offender registration requirement under NDCC 12.1-32-15. If the court fails to do so, the court abuses its discretion if it does not allow the defendant to withdraw the guilty plea later.
Mosbrucker v. Mosbrucker , 1997 ND 72, 562 N.W.2d 390
(Concurring and dissenting)
Highlight of the Opinion of the Court:
Trial court's denial of motion to change custody and award child support based on a finding that no change of circumstances occurred was clearly erroneous.
Stout v. Stout , 1997 ND 61, 560 N.W.2d 903
(Concurring and dissenting)
Highlight of the Opinion of the Court:
When considering a request to move a child out of North Dakota, trial courts are to apply a four factor analysis to the facts of each case with the primary concern being the best interests of the child.
Austin v. Towne , 1997 ND 59, 560 N.W.2d 895
(Joined in dissent)
Highlight of the Opinion of the Court:
Motion under N.D.R.Civ.P. 59(j) was timely. Defendant was not entitled to credit on his child support arrearage for social security dependency payments.
Borr v. McKenzie Co. Public School Dist. #1 , 1997 ND 30, 560 N.W.2d 213
(Joined in dissent)
Highlight of the Opinion of the Court:
A daily planner that a principal uses to note parental complaints about a teacher is not a secret personnel file when the principal promptly discusses the complaints with the teacher. The school board's decision not to renew this teacher's contract was not arbitrary, frivolous, or lacking in good faith.
State ex rel. Heitkamp v Family Life Services , 1997 ND 37, 560 N.W.2d 526
(Dissenting)
Highlight of the Opinion of the Court:
Individual whose First Amendment right to receive ministry is not adequately represented by existing defendants should have been allowed to intervene as a defendant in an action to dissolve two nonprofit corporations with charitable, educational, and religious purposes.
Olson v. Souris River Telecommunications Cooperative, Inc. , 1997 ND 10, 558 N.W.2d 333
(Dissenting)
Highlight of the Opinion of the Court:
Employee handbook containing express disclaimer that "it is not a contract" does not overcome the presumption of at will employment found in N.D.C.C.  34-03-01.
Interest of A. E. , 1997 ND 9, 559 N.W.2d 215
(Concurring)
Highlight of the Opinion of the Court:
Under N.D.C.C.  27-20-34(1)(c)(4)(b), the court must find there are reasonable grounds to believe that the juvenile is not amenable to treatment or rehabilitation as a juvenile in order to transfer a juvenile to district court for prosecution. Generally, the State bears the burden of persuasion that the juvenile is not amenable to treatment; however, N.D.C.C.  27-20-34(2) shifts the burden of persuasion to the child to show there are reasonable grounds to believe the child is amenable to treatment.
Baldock v. Workers Comp. , 554 N.W.2d 441 (N.D. 1996)
(Concurring)
Highlight of the Opinion of the Court:
The rational basis standard of review applies to an equal protection challenge to the statutory scheme for rehabilitation benefits under the workers compensation law.
A workers compensation statute limiting rehabilitation retraining to the goal of returning an injured worker to a job paying at least seventy-five percent of the state average weekly wage did not violate equal protection rights of workers whose pre-injury earnings exceeded the statute's wage goal.
Anderson v. ND Workers Comp. Bureau , 553 N.W.2d 496 (N.D. 1996)
(Dissenting)
Highlight of the Opinion of the Court:
The workers compensation claimant did not know or have reason to know she had a compensable work-related injury until her symptoms of carpel tunnel syndrome significantly worsened ten years after first being diagnosed.
Barnett v. Human Services , 551 N.W.2d 557 (N.D. 1996)
(Dissenting)
Highlight of the Opinion of the Court:
The Department cannot limit a hearing on terminating food stamps to a mere review of a staff decision, but must allow a full evidentiary hearing for the applicant to present arguments and evidence why food stamps should not be discontinued.
The Department of Human Services denied a food stamp applicant a fair hearing when it refused to consider evidence, offered for the first time at the hearing, the applicant had a medical disability exempting him from attending a required employment orientation.
Raboin v. ND Dept. of Human Services , 552 N.W.2d 329 (N.D. 1996)
(Concurring)
Highlight of the Opinion of the Court:
Chapter 28-32, N.D.C.C., authorizes an appeal to the district court from a Department of Human Services' finding of probable cause of child abuse or neglect.
The Department's determination there was probable cause of abuse by parents who used corporal punishment as a last resort to discipline their children was not supported by a preponderance of evidence. There was no evidence from which a reasonable person could conclude any of the children suffered serious physical harm or traumatic abuse as a result of the parental spankings.
Weber v. Weber , 548 N.W.2d 781 (N.D. 1996)
(Concurred in result)
Wheeler v. Wheeler , 548 N.W.2d 27 (N.D. 1996)
(Concurring and dissenting)
Stratton v. Medical Center Rehabilitation Hosp. , 547 N.W.2d 748 (N.D. 1996)
(Concurring)
Van Raden Homes, Inc. v. Dakota View Estates , 546 N.W.2d 843 (N.D. 1996)
(Concurring and dissenting)
Interest of E.J.H. and T.S.H. , 546 N.W.2d 361 (N.D. 1996)
(Concurring)
Disciplinary Board v. Gray , 544 N.W.2d 168 (N.D. 1996)
(Dissenting)
State v. Barnett , 543 N.W.2d 774 (N.D. 1996)
(Concurring)
Krank v. Krank , 541 N.W.2d 714 (N.D. 1996)
(Dissenting)
Estate of Thorson , 541 N.W.2d 692 (N.D. 1996)
(Concurring)
State v. Schindele , 540 N.W.2d 139 (N.D. 1995)
(Concurred in result)
State v. Ova , 539 N.W.2d 857 (N.D. 1995)
(Concurring)
Cordie v. Tank , 538 N.W.2d 214 (N.D. 1995)
(Dissenting)
Score v. American Family Mutual Ins. Co. , 538 N.W.2d 206 (N.D. 1995)
(Dissenting)
Security National Bank v. Wald , 536 N.W.2d 924 (N.D. 1995)
(Concurring)
ProServe Corp. v. Jamesetta N. Rainey , 536 N.W.2d 373 (N.D. 1995)
(Dissenting)
Hodek v. Greater Nelson County Consortium , 531 N.W.2d 280 (N.D. 1995)
(Concurring)
Schuhmacher v. ND Hospital Assoc. , 528 N.W.2d 374 (N.D. 1995)
(Concurring)
Krank v. Krank , 529 N.W.2d 844 (N.D. 1995)
(Concurring)
Heck v. Reed , 529 N.W.2d 155 (N.D. 1995)
(Concurred in result)
State v. Ash , 526 N.W.2d 473 (N.D. 1995)
(Concurring)
Crawford v. Crawford , 524 N.W.2d 833 (N.D. 1994)
(Dissenting)
Sandbeck v. Rockwell , 524 N.W.2d 846 (N.D. 1994)
(Dissenting)
Neubauer v. Neubauer , 524 N.W.2d 593 (N.D. 1994)
(Dissenting)
Olson v. ND Dept. of Transportation Director , 523 N.W.2d 258 (N.D. 1994)
(Dissenting)
Dalin v. Dalin , 512 N.W.2d 685 (N.D. 1994)
(Dissenting)
Helling v. American State Bank & Trust Co. of Williston , 510 N.W.2d 595 (N.D. 1994)
(Dissenting)
Copenhaver v. Geier , 508 N.W.2d 877 (N.D. 1993)
(Concurred in result)
State v. Jordheim , 508 N.W.2d 878 (N.D. 1993)
(Concurred in result)
Disciplinary Board v. Becker , 504 N.W.2d 303 (N.D. 1993)
(Concurred in result)
Interest of K.S. , 500 N.W.2d 603 (N.D. 1993)
(Concurring)
Barstad v. Barstad , 499 N.W.2d 584 (N.D. 1993)
(Dissenting)

Generated from Supreme Court Docket on 09/05/2008