Opinions

State v. Hernandez 2005 ND 214
Docket No.: 20050047
Filing Date: 12/20/2005
Case Type: Appeal - Criminal - Sexual Offense
Author: Sandstrom, Dale

Highlight: A trial court has broad discretion to determine whether a witness is qualified as an expert and whether the witness's testimony will assist the trier of fact.
A party's failure to object to evidence admitted at trial generally waives the party's right to complain on appeal about the admission of the evidence.
A trial court has discretion to decide whether a party has opened the door for the admission of otherwise inadmissible evidence.
A jury is generally presumed to follow a curative instruction, and a curative instruction to disregard certain evidence is generally sufficient to remove improper prejudice.
A trial court has broad discretion to balance the probative value of evidence against the risk of unfair prejudice.
To establish a due process violation for the destruction of evidence, a defendant must establish bad faith by the State, which means the evidence was deliberately destroyed by or at the direction of a State agent who intended to thwart and deprive the defense of the information.

Estate of Pladson v. Traill Co. Social Services, et al. 2005 ND 213
Docket No.: 20050154
Filing Date: 12/20/2005
Case Type: Appeal - Civil - Administrative Proceeding
Author: VandeWalle, Gerald

Highlight: The requirement that an asset be "actually available" for purposes of determining Medicaid eligibility must be interpreted reasonably, and the focus is on the applicant's actual and practical ability to make an asset available as a matter of fact, not legal fiction.

State v. Raulston (CONSOLIDATED W/20050160 & 20050161) 2005 ND 212
Docket No.: 20050159
Filing Date: 12/20/2005
Case Type: Appeal - Criminal - Assault
Author: Crothers, Daniel John

Highlight: A sentence is not illegal if, during the judge's oral pronouncement of the sentence, he states a hypothetical that could not come to fruition.
A defendant need not be informed of an 85 percent service requirement for a guilty plea to be knowingly, intelligently, and voluntarily entered, as such a requirement is a parole condition rather than a mandatory minimum sentence.
An ineffective assistance of counsel claim fails when an attorney's performance--deficient or not--does not prejudice a defendant, due to the overwhelming evidence favoring the defendant's guilt.
The State may respond to an application for post-conviction relief within the time allowed by the court.
The district court's failure to make explicit findings and conclusions in its denial of post-conviction relief is harmless error based on the ample evidence within the record.

State v. Pailing (CON w/20050120, 20050306, 20050307, 20050308, & 20050309 2005 ND 211
Docket No.: 20050073
Filing Date: 12/20/2005
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: An amended judgment, an order denying a motion to amend a criminal judgment, and an order denying a petition for post-conviction relief are summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4).

State v. Shermer 2005 ND 210
Docket No.: 20050066
Filing Date: 12/20/2005
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: An appeal from a criminal judgment and an order denying a motion to suppress is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

State v. White Mountain 2005 ND 209
Docket No.: 20050157
Filing Date: 12/20/2005
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Conviction of gross sexual imposition and tampering with evidence is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7).

McMechan v. Engstrom, et al. 2005 ND 208
Docket No.: 20050235
Filing Date: 12/20/2005
Case Type: Appeal - Civil - Real Property
Author: Per Curiam

Highlight: Summary judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(6).

Reciprocal Discipline of Edinger 2005 ND 207
Docket No.: 20050429
Filing Date: 12/14/2005
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer suspension ordered.

Eriksmoen v. N.D. Dept. of Transportation 2005 ND 206
Docket No.: 20050129
Filing Date: 11/29/2005
Case Type: Appeal - Administrative - Department of Transportation
Author: Kapsner, Carol

Highlight: An arrestee's right to consult privately with counsel before taking a chemical test must be balanced against society's interest in obtaining important evidence.
If a person arrested for driving under the influence is asked to submit to a chemical test and responds with a request to speak with an attorney, the failure to allow the arrested person a reasonable opportunity to contact an attorney prevents the revocation of her license for refusal to take the test. The reasonableness of the opportunity to consult with counsel is viewed objectively in light of the totality of the circumstances.

Oien v. Oien 2005 ND 205
Docket No.: 20050204
Filing Date: 11/29/2005
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: Under the child support guidelines, disability does not necessarily excuse a parent from the obligation to pay child support.
The presence of a disability is a consideration that the court can take into account when determining the amount of support.
Submitting a document to a judge or to court personnel other than the clerk is not filing.