Opinions

State v. Deutscher 2009 ND 98
Docket No.: 20080207
Filing Date: 6/17/2009
Case Type: Original Proceeding - Criminal - Writ of Supervision
Author: Kapsner, Carol

Highlight: The State may appeal from an order quashing an information, but there can be no appeal from a true judgment of acquittal. If a trial court's decision resolves some or all of the factual elements of the events charged, the decision is a judgment of acquittal rather than a quashing of the information.
An attempted appeal may be treated as a request for supervisory writ.
A trial court may not, on its own motion, enter a judgment of acquittal under N.D.R.Crim.P. 29(c).

Moore v. State (Cross-Ref. with 20060224) 2009 ND 97
Docket No.: 20090036
Filing Date: 6/17/2009
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Order denying application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7).

McArthur v. N.D. Workforce Safety & Insurance 2009 ND 96
Docket No.: 20090081
Filing Date: 6/17/2009
Case Type: Appeal - Administrative - Workers Compensation
Author: Per Curiam

Highlight: A district court judgment affirming an order of Workforce Safety & Insurance denying further disability and vocational rehabilitation benefits is summarily affirmed under N.D.R.App.P. 35.1(a)(5).

Interest of S.J., et al. (CONFIDENTIAL) (Consolidated w/20080329) 2009 ND 95
Docket No.: 20080328
Filing Date: 6/17/2009
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author:

Highlight: Termination of parental rights summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Asset Acceptance, LLC v. Nash 2009 ND 94
Docket No.: 20080345
Filing Date: 6/17/2009
Case Type: Appeal - Civil - Debtor/Creditor
Author:

Highlight: Order denying motion to vacate a default judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

State v. Kurtenbach (consolidated w/20080339 & 20080340) 2009 ND 93
Docket No.: 20080338
Filing Date: 6/17/2009
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: Criminal judgments for theft by deception, theft of property, forgery, giving false information to law enforcement and unauthorized use of personal identifying information are summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Johnson v. State 2009 ND 92
Docket No.: 20090008
Filing Date: 6/17/2009
Case Type: Appeal - Civil - Post-Conviction Relief
Author:

Highlight: Judgment denying post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6).

Judicial Vacancy in Judgeship No. 3, Southwest Judicial District 2009 ND 91
Docket No.: 20090144
Filing Date: 6/16/2009
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judgeship retained at Dickinson.

Eslinger v. WSI, et al. 2009 ND 90
Docket No.: 20080232
Filing Date: 5/27/2009
Case Type: Appeal - Administrative - Workers Compensation
Author: VandeWalle, Gerald

Highlight: The retirement presumption contained in N.D.C.C. 65-05-09.3(2), providing that a disabled employee who becomes eligible to receive social security retirement benefits is considered to be retired and no longer eligible for workers compensation disability benefits, does not apply to claimants who have been receiving continuing, regular, and ongoing disability benefits since before July 31, 1995, the effective date of the statute.
A claimant, whose medical condition improved and who was ineligible for total disability benefits for an eight-month period after the effective date of the retirement presumption statute, lost her right to rely upon continuing, ongoing disability benefits, and the retirement presumption statute applied to her claim when she reapplied for further disability benefits.

Kappenman, et al. v. Klipfel, et al. 2009 ND 89
Docket No.: 20080184
Filing Date: 5/26/2009
Case Type: Appeal - Civil - Personal Injury
Author: Maring, Mary

Highlight: A township board with actual knowledge of an unusually hazardous or unusulally dangerous condition on an unimproved section line road has a duty to warn travelers of that condition; actual knowledge given to at least one member of the township board impose the duty.
Failing to warn of a known unusually dangerous condition in a road is not covered by discretionary function immunity because it implicates no social, economic, or political policies.
The recreational use immunity statutes do not apply to an unimproved section line road which is made available to the public for nonrecreational travel.
Although a landowner abutting a section line continues to own the land subject to an easement, the landowner does not owe the public a duty to keep the road in a safe condition.
Breach of a duty sounding in tort will give rise to an action based upon nuisance.