Opinions

Johnson v. Department of Transportation 2009 ND 68
Docket No.: 20080309
Filing Date: 4/30/2009
Case Type: Appeal - Administrative - Department of Transportation
Author: Per Curiam

Highlight: District court judgment affirming an administrative decision suspending driving privileges for three years after arrest for driving under the influence of alcohol is summarily affirmed under N.D.R.App.P. 35.1(a)(5).

State v. Tran 2009 ND 67
Docket No.: 20080240
Filing Date: 4/30/2009
Case Type: Appeal - Criminal - Drugs/Contraband
Author:

Highlight: Criminal judgment finding appellant guilty of possession of marijuana with intent to deliver and possession of ecstasy is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Mund 2009 ND 66
Docket No.: 20080266
Filing Date: 4/30/2009
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam

Highlight: Conviction for delivery of alcohol to a minor is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Asset Acceptance LLC v. Grzeskowiak 2009 ND 65
Docket No.: 20080335
Filing Date: 4/30/2009
Case Type: Appeal - Civil - Contracts
Author: Per Curiam

Highlight: Order denying motion to vacate default judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(4).
Order denying demand for change of judge is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Clifford v. State 2009 ND 64
Docket No.: 20080248
Filing Date: 4/30/2009
Case Type: Appeal - Civil - Post-Conviction Relief
Author:

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

State v. Mitchell 2009 ND 63
Docket No.: 20080274
Filing Date: 4/30/2009
Case Type: Appeal - Criminal - Assault
Author: Per Curiam

Highlight: Sentencing order finding defendant guilty of assault is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Neva v. Fennell 2009 ND 62
Docket No.: 20080189
Filing Date: 4/30/2009
Case Type: Appeal - Civil - Personal Injury
Author:

Highlight: Order denying motion for a new trial is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Grzeskowiak v. Nodak Electric Coop. 2009 ND 61
Docket No.: 20080298
Filing Date: 4/30/2009
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Per Curiam

Highlight: Judgment of dismissal for failure to properly serve process is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7).

Sanderson v. Harlow 2009 ND 60
Docket No.: 20080282
Filing Date: 4/30/2009
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: Order dismissing plaintiff's joint custody action with prejudice is summarily affirmed under N.D.R.App.P. 35.1(a)(6).

Ellis v. North Dakota State University 2009 ND 59
Docket No.: 20070005
Filing Date: 4/9/2009
Case Type: Appeal - Civil - Employer/Employee Dispute
Author: VandeWalle, Gerald

Highlight: Equitable estoppel may preclude the application of a statute of limitations by a party whose actions induce another party to not file a claim within a prescribed statutory period.
In balancing the constitutional authority of the Board of Higher Education to remove faculty and employees, the constitutional authority of the legislature and the constitutional limits of review by the judicial branch under separation of powers concepts, the proper standard of review of a substantive Board decision to dismiss an employee for cause is whether a reasoning mind reasonably could have determined that the factual conclusions reached were proved by the weight of the evidence.