Opinions

131 - 140 of 11968 results

Interest of A.L.E. 2018 ND 257
Docket No.: 20180341
Filing Date: 12/6/2018
Case Type: TERMINATION/PARENTAL RIGHTS
Author: Jensen, Jon J.

Highlight: Prenatal exposure to any controlled substance is a ground for a finding of deprivation.

A parent’s past conduct can form the basis to predict future behavior and a parent’s lack of cooperation with social service agencies is evidence that the causes and conditions of deprivation will likely continue.

When a parent, through voluntary actions, without reasonable justification, makes herself unavailable to care for and parent a young child, the child should not be expected to wait or assume the risk involved in waiting for permanency and stability in her life.

State v. Bornsen 2018 ND 256
Docket No.: 20180093
Filing Date: 12/6/2018
Case Type: DUI/DUS
Author: Jensen, Jon J.

Highlight: Investigatory traffic stops are valid when the officer conducting the stop had a reasonable and articulable suspicion the motorist has violated or is violating the law.

Traffic violations, even if considered common or minor, constitute prohibited conduct which provide officers with requisite suspicion for conducting investigatory stops.

LeClair v. Sorel 2018 ND 255
Docket No.: 20180155
Filing Date: 12/6/2018
Case Type: TRANSPORTATION DEPT.
Author: Tufte, Jerod E.

Highlight: The implied consent advisory provided to a driver after an arrest for driving under the influence must be substantively complete.
The entire substance of the advisory was conveyed despite the officer’s omission of the word “punishable” from the statutory language in N.D.C.C. 39-20-01(3)(a).

State v. Ferderer 2018 ND 254
Docket No.: 20180072
Filing Date: 12/6/2018
Case Type: MISC. STATUTORY OFFENSE (FELONY)
Author: Crothers, Daniel John

Highlight: A revocation of a sentence for a probation violation does not violate double jeopardy.

Tornabeni v. Wold, et al. 2018 ND 253
Docket No.: 20180164
Filing Date: 12/6/2018
Case Type: OTHER (Civil)
Author: Jensen, Jon J.

Highlight: The existence and terms of an oral contract are findings of fact subject to the clearly erroneous rule.
A district court’s determination of whether the facts support a finding of unjust enrichment is fully reviewable on appeal.
An award of damages for an unjust enrichment claim is reviewed under the clearly erroneous standard.
Issues not raised in the district court are waived.

State v. Hebert 2018 ND 252
Docket No.: 20180171
Filing Date: 12/6/2018
Case Type: MISC. STATUTORY OFF. (MISDEMEANOR)
Author: Per Curiam

Highlight: A criminal judgment convicting the defendant of tampering or damaging a public service is summarily reversed under N.D.R.App.P. 35.1(b).

Sabot v. State 2018 ND 251
Docket No.: 20180191
Filing Date: 12/6/2018
Case Type: POST-CONVICTION RELIEF
Author: Per Curiam

Highlight: Summary dismissal of post-conviction relief summarily affirmed under N.D.R.App.P 35.1(a)(2) and (7).

Interest of D.V.A. 2018 ND 250
Docket No.: 20180166
Filing Date: 12/6/2018
Case Type: CIVIL COMMIT OF SEXUAL PREDATOR
Author: Per Curiam

Highlight: A district court order denying discharge from civil commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Mejia 2018 ND 249
Docket No.: 20180178
Filing Date: 12/6/2018
Case Type: ASSAULT
Author: Per Curiam

Highlight: Summary affirmance is appropriate when there is sufficient evidence to support a guilty verdict.

In a case tried without a jury, the court need only find the defendant guilty or not guilty.

Sorlie v. Sorlie 2018 ND 248
Docket No.: 20180071
Filing Date: 12/6/2018
Case Type: CHILD CUST & SUPPORT (Div.\Other)
Author: Per Curiam

Highlight: A district court’s award of residential responsibility is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Page 14 of 1197