Opinions

Gepner, et al. v. Fujicolor Processing, Inc., et al. 2001 ND 207
Docket No.: 20010022
Filing Date: 12/21/2001
Case Type: Appeal - Civil - Personal Injury
Author: Neumann, William

Highlight: N.D.R.Civ.P. 60(b) is to be liberally construed and applied, and trial courts should be more lenient in granting motions to vacate default judgments than in vacating judgments in cases which have been tried on their merits.
The Workers Compensation Bureau's determination of benefits to be awarded under the Act are not res judicata on the issue of damages available in an injured worker's separate civil action against an uninsured employer under N.D.C.C. 65-09-02.
A defendant may seek an independent mental examination of the plaintiff under N.D.R.Civ.P. 35(a) by presenting evidence placing the plaintiff's mental condition in controversy.

Belgarde, et al. v. Askim, et al. 2001 ND 206
Docket No.: 20010179
Filing Date: 12/20/2001
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Kapsner, Carol

Highlight: Before dismissing a cause of action to sanction a party for destruction of evidence, the trial court must consider the culpability of the party against whom sanctions are being imposed, the prejudice to the party moving for sanctions, and the availability of less severe alternative sanctions.

Interest of M.C.H. (CONFIDENTIAL) (CROSS-REF. W/20010132) 2001 ND 205
Docket No.: 20010194
Filing Date: 12/20/2001
Case Type: Appeal - Criminal - Juvenile Law
Author: Sandstrom, Dale

Highlight: Juveniles between the ages of seven and fourteen have no common law right to a presumption of incapacity to commit a crime, because the criminal capacity of children between the ages of seven and fourteen has been declared by statute.

City of Fargo v. Roberson (see Docket Memo) 2001 ND 204
Docket No.: 20010038
Filing Date: 12/20/2001
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Neumann, William

Highlight: The Supreme Court will not consider questions that were not presented to the trial court and are raised for the first time on appeal.

Interest of D.P. (Confidential) 2001 ND 203
Docket No.: 20010285
Filing Date: 12/20/2001
Case Type: Appeal - Civil - Mental Health
Author: Neumann, William

Highlight: For hospitalization in a mental health case, the district court must find by clear and convincing evidence that alternative treatment is not adequate or hospitalization is the least restrictive alternative.

State v. Baumgartner 2001 ND 202
Docket No.: 20010169
Filing Date: 12/20/2001
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: VandeWalle, Gerald

Highlight: One cannot be an accomplice without having the requisite criminal intent for the underlying offense, even if he or she is a co-conspirator.
Law enforcement officers who feign complicity in a crime in the pursuit of evidence are not accomplices.
The purpose of a motion to dismiss is to test the sufficiency of the information or indictment. It is not a device for summary trial of the evidence, and facts not appearing on the face of the information cannot be considered.

State v. Barth (Consolidated w/20010110) 2001 ND 201
Docket No.: 20010109
Filing Date: 12/20/2001
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: VandeWalle, Gerald

Highlight: A trial court has broad discretion in selecting a method to impanel a jury, if it permits the defendant to exercise peremptory challenges without embarrassment and does not intimidate him from exercising them.
A person is guilty of preventing an arrest if, with intent to prevent a public servant from effecting an arrest, he creates a substantial risk of bodily injury to the public servant or to anyone else except himself, or employs means justifying or requiring substantial force to overcome resistance to making the arrest.

Heick v. Erickson 2001 ND 200
Docket No.: 20010212
Filing Date: 12/20/2001
Case Type: Original Proceeding - Criminal - Writ of Certiorari
Author: Neumann, William

Highlight: In reviewing the denial of an application for a writ of certiorari, the Supreme Court does not delve into the merits of the trial court's decision but only determines whether the lower court exceeded its jurisdiction in acting.

Judicial Vacancy in the Northwest Judicial District 2001 ND 199
Docket No.: 20010229
Filing Date: 12/14/2001
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judgeship moved from Northwest to East Central Judicial District.

Disciplinary Board v. Dooley 2001 ND 198
Docket No.: 20010278
Filing Date: 12/14/2001
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer suspended from the practice of law for 30 days