Opinions

State v. Axtman 2001 ND 64
Docket No.: 20000262
Filing Date: 4/11/2001
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Judgment of conviction for gross sexual imposition is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Disciplinary Board v. Keller 2001 ND 63
Docket No.: 20010068
Filing Date: 3/28/2001
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Interim suspension of lawyer ordered.

Peters-Riemers v. Riemers 2001 ND 62
Docket No.: 20000145
Filing Date: 3/23/2001
Case Type: Appeal - Civil - Other
Author: Neumann, William

Highlight: Error may not be predicated upon the erroneous exclusion of evidence unless a substantial right of the party is affected.
Only a willful violation of a protection order results in penalty.
An issue not presented to the trial court will not be considered for the first time on appeal.

Albrecht v. Metro Area Ambulance, et al. (Cross Ref. w/19970319) 2001 ND 61
Docket No.: 20000226
Filing Date: 3/20/2001
Case Type: Appeal - Civil - Personal Injury
Author: Sandstrom, Dale

Highlight: It is inappropriate to bring a motion for judgment as a matter of law, under N.D.R.Civ.P. 50(a), in a bench trial.
A court can award damages for pain and suffering, mental anguish, and other noneconomic losses even though the plaintiff has not introduced evidence of economic damages, such as loss of earnings or medical expenses.

Horsley v. ND Workers Comp., et al. 2001 ND 60
Docket No.: 20000237
Filing Date: 3/20/2001
Case Type: Appeal - Administrative - Workers Compensation
Author: Sandstrom, Dale

Highlight: Before a valid judgment can be entered, an order for judgment is required.
An appeal may be taken from a judgment entered without an order for entry of judgment if the trial court intended to dispose of the case and intended that a judgment be entered and if an order for judgment is implicit in the trial court's memorandum opinion.

Interest of A.L. and J.L. (CONSOLIDATED w/20000218-20000220) 2001 ND 59
Docket No.: 20000217
Filing Date: 3/20/2001
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Sandstrom, Dale

Highlight: Counsel's unsupported statements about children's potential eligibility for enrollment in a particular Indian tribe and other unknown Indian tribes are insufficient to trigger provisions of the Indian Child Welfare Act that require notice of termination proceedings to an Indian child's tribe.
Evidence of past deprivation alone is not enough to terminate parental rights, and prognostic evidence is necessary to determine continued or future deprivation.

Overboe v. Farm Credit Services of Fargo, et al. 2001 ND 58
Docket No.: 20000236
Filing Date: 3/20/2001
Case Type: Appeal - Civil - Contracts
Author: Maring, Mary

Highlight: The two-year statute of limitations for actions against licensed insurance agents is retroactive and applies to causes of action occurring before July 31, 1995.
A single reference to due process in one sentence of a brief, made in connection with an argument about legislative intent, is insufficient to challenge the constitutional validity of a statute.

State v. Schmitt 2001 ND 57
Docket No.: 20000037
Filing Date: 3/20/2001
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Kapsner, Carol

Highlight: If a court finds false statements in an affidavit supporting a search warrant, the court must find whether those statements were included intentionally or with reckless disregard for the truth and must evaluate probable cause accordingly.
The mere recitation of testimony is not equivalent to a finding of fact.
Conclusory findings of fact which state a party has failed in the burden of proof are inadequate.

Ritter, Laber & Assoc., et al. v. Koch Oil, et al.(cross reference w/990204) 2001 ND 56
Docket No.: 20000224
Filing Date: 3/20/2001
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Neumann, William

Highlight: A trial court has broad discretion to certify an action as a class action under N.D.R.Civ.P. 23.
As a class action progresses and the parties develop evidentiary facts, a trial court may redefine, subclassify, or decertify a previously certified class action.

Disciplinary Board v. Hawkins 2001 ND 55
Docket No.: 20000233
Filing Date: 3/20/2001
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: An attorney who is disciplined in another jurisdiction is also subject to reciprocal discipline in North Dakota if admitted to practice law in North Dakota, regardless of whether the attorney currently is licensed to practice law in North Dakota.
Reciprocal discipline shall be identical in this state, unless the proceedings in the jurisdiction initiating the discipline lack due process or proof of misconduct, or unless identical punishment would result in grave injustice or the misconduct warrants substantially different discipline.
An attorney is not denied due process in disciplinary proceedings if there is adequate notice of the charges and an opportunity to be heard.
Imposing identical reciprocal discipline is not a grave injustice when an attorney is not licensed in North Dakota and does not intend to reapply for licensure.