Opinions

Interest of Johnson (cross-reference w/ 20120364 & 20140366) 2016 ND 29
Docket No.: 20150217
Filing Date: 2/18/2016
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Kapsner, Carol

Highlight: A district court must find a person has serious difficulty controlling his or her behavior to continue that person's commitment as a sexually dangerous individual.

State v. Anderson 2016 ND 28
Docket No.: 20150015
Filing Date: 2/18/2016
Case Type: Appeal - Criminal - Homicide
Author: McEvers, Lisa K. Fair

Highlight: The State cannot use a defendant's post-arrest silence as evidence of guilt, and the burden is on the State to prove that a comment on a defendant's post-arrest silence is harmless beyond a reasonable doubt.
The State's inquiry into the amount of time a defendant spent preparing trial testimony is a legitimate means of attacking the veracity of a defendant's testimony on cross-examination.
The attorney-client privilege is personal to the client and is waived if it is not asserted at trial.
A defendant's flight immediately after a crime has been committed or during a continuing chain of events after a crime has been committed, while alone is insufficient to establish guilt, may be considered by the jury as circumstantial evidence of a defendant's consciousness of guilt.

State v. Stensaker (consolidated w/ 20150165) 2016 ND 27
Docket No.: 20150164
Filing Date: 2/18/2016
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: Murder conviction and two counts of possession of a firearm by a convicted felon summarily affirmed under N.D.R.App.P. 35.1(a)(3); case remanded to fix clerical error in judgment.

Interest of G.L.D. (CONFIDENTIAL)(cross-reference w/20100230,20120175,&2014 2016 ND 26
Docket No.: 20150245
Filing Date: 2/18/2016
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

Highlight: Order denying request for discharge from commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Interest of G.L.D. (CONFIDENTIAL)(cross-reference w/20100230,20120175,&20140034) 2016 ND 25
Docket No.: 20150226
Filing Date: 2/18/2016
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

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

Interest of N.C. (CONFIDENTIAL) 2016 ND 24
Docket No.: 20150367
Filing Date: 2/18/2016
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: A juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Gomez v. State 2016 ND 23
Docket No.: 20150258
Filing Date: 2/18/2016
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Order dismissing application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Benson v. State (cross-reference w/20130179) 2016 ND 22
Docket No.: 20150232
Filing Date: 2/18/2016
Case Type: Appeal - Civil - Post-Conviction Relief
Author: VandeWalle, Gerald

Highlight: Order dismissing application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6).

Vacancy in Judgeship No. 7, SEJD (see 20160011) 2016 ND 21
Docket No.: 20160001
Filing Date: 2/16/2016
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judgeships retained at Jamestown and Valley City.

PHI Financial Services, Inc. v. Johnston Law Office, P.C., et al. 2016 ND 20
Docket No.: 20150008
Filing Date: 1/26/2016
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Crothers, Daniel John

Highlight: A party that acts as a "mere conduit" for a transfer of funds is not a "first transferee" for purposes of liability under the Uniform Fraudulent Transfer Act.
Whether reasonably equivalent value has been received in exchange for a transfer is a question of fact subject to the clearly erroneous standard of review.
Under the Uniform Commercial Code, a creditor may obtain a money judgment on the debt and foreclose on collateral in one or more proceedings if there is no double recovery.
The perfection of security interests in intangible collateral is governed by the law of the debtor's location.