Opinions

State v. Rutherford 2006 ND 129
Docket No.: 20050374
Filing Date: 6/29/2006
Case Type: Appeal - Criminal - Assault
Author: Per Curiam

Highlight: A criminal judgment entered after a jury convicted the defendant of burglary and assault is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

City of Fargo v. Curtis 2006 ND 128
Docket No.: 20060027
Filing Date: 6/29/2006
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: A criminal judgment entered after a jury convicted the defendant of driving under the influence of alcohol and operating a motor vehicle without liability insurance is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Ballensky v. Flattum-Riemers, et al. 2006 ND 127
Docket No.: 20050277
Filing Date: 6/5/2006
Case Type: Appeal - Civil - Malpractice
Author: Sandstrom, Dale

Highlight: A defendant's demand to file a complaint is personal to the demanding defendant, and a plaintiff's failure to file the complaint after a demand does not void the service of the summons as to other defendants.
The amount of damages is a question of fact, and a victim need not establish economic damages before noneconomic damages can be awarded.
A physician is immune from liability for making a good faith report that the physician treated a person for an injury sustained in a motor vehicle accident if the physician has reasonable cause to suspect the injury was inflicted in violation of any criminal law, including driving under the influence of illegal drugs.

Interest of E.G., et al. (CONFIDENTIAL) (Consolidated w/20050448) 2006 ND 126
Docket No.: 20050447
Filing Date: 6/5/2006
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Sandstrom, Dale

Highlight: To terminate parental rights, the petitioner must prove three elements by clear and convincing evidence: (1) the child is a deprived child, (2) the conditions and causes of the deprivation are likely to continue or will not be remedied, and (3) that by reason thereof the child is suffering or will probably suffer serious physical, mental, moral, or emotional harm.
To prove deprivation is likely to continue or will not be remedied, the petitioner cannot rely on past deprivation alone, but must provide prognostic evidence, demonstrating the deprivation will continue.

State v. Manning 2006 ND 125
Docket No.: 20050327
Filing Date: 6/5/2006
Case Type: Appeal - Criminal - Misc. Felony
Author: Sandstrom, Dale

Highlight: Relevant evidence is evidence having a tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.
Relevant evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.

Tarnavsky v. Tarnavsky, et al. 2006 ND 124
Docket No.: 20050457
Filing Date: 6/5/2006
Case Type: Appeal - Civil - Contracts
Author: Kapsner, Carol

Highlight: A case is remanded to the district court with directions to vacate an order confirming a sheriff's sale when the appellee concedes on appeal that errors occurred in the sheriff's sale and consents to vacation of the order confirming the sale.

Porter v. Porter 2006 ND 123
Docket No.: 20050358
Filing Date: 6/1/2006
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: A district court must analyze all four Stout-Hawkinson factors in determining whether a custodial parent may move out of state with a child.

Johnson v. State 2006 ND 122
Docket No.: 20060010
Filing Date: 6/1/2006
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Sandstrom, Dale

Highlight: The affirmative defense of laches is proper in post-conviction proceedings.
For the affirmative defense of laches to prevail, the State must prove, by a preponderance of the evidence, that (1) the petitioner has unreasonably delayed in seeking relief, and that (2) the delay has prejudiced the State.

University Hotel Development v. Dusterhoft Oil, Inc., et al. 2006 ND 121
Docket No.: 20050386
Filing Date: 6/1/2006
Case Type: Appeal - Civil - Contracts
Author: Sandstrom, Dale

Highlight: Before promissory estoppel may be invoked to enforce an agreement or to award damages, the terms of the promise must be clear, definite, and unambiguous.

Kostelecky v. Kostelecky 2006 ND 120
Docket No.: 20050231
Filing Date: 6/1/2006
Case Type: Appeal - Civil - Divorce - Property
Author: Sandstrom, Dale

Highlight: Property division and spousal support are interrelated and intertwined and often must be considered together. In making a spousal support determination, the district court must consider the relevant factors under the Ruff-Fischer guidelines.
Rehabilitative spousal support is awarded to equalize the burdens of divorce or to restore an economically disadvantaged spouse to independent status by providing an opportunity for a disadvantaged spouse to seek education, training, or experience that will enable the spouse to become self-supporting.

Roth v. Hoffer 2006 ND 119
Docket No.: 20050328
Filing Date: 6/1/2006
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: A district court may correct clerical errors after an appellate court has decided an appeal if the correction is the type envisioned by N.D.R.Civ.P. 60(a) and the appellate court has not ruled explicitly or implicitly on the issue that is the subject of the correction.
A correctable clerical mistake may be made by a party.

American Crystal Sugar Co. v. Traill Co. Board of Commissioners 2006 ND 118
Docket No.: 20050343
Filing Date: 6/1/2006
Case Type: Appeal - Civil - Tax Realted
Author: Maring, Mary

Highlight: A board of county commissioners is not required to follow formal rules of judicial procedure in tax abatement proceedings.
A court can reverse a local governing body's valuation and assessment of property only when there is such an absence of evidence or reason as to amount to arbitrary, capricious, or unreasonable action.
A board of county commissioners' classification of property as either real or personal presents a question of law fully reviewable by a court.
Structures and buildings are required to be assessed as real property, but other attached machinery and equipment used in the industrial process are classified as personal property exempt from property taxation.

Haugen v. BioLife Plasma Services, et al. 2006 ND 117
Docket No.: 20050310
Filing Date: 6/1/2006
Case Type: Appeal - Civil - Personal Injury
Author: Sandstrom, Dale

Highlight: The doctrine of res ipsa loquitur allows a fact finder to infer negligence if the plaintiff can establish three foundational elements: (1) the accident was one that does not ordinarily occur in the absence of negligence; (2) the instrumentality or agent that caused the plaintiff's injury was in the exclusive control of the defendant; and (3) there was no voluntary action or contribution on the part of the plaintiff.
When a plaintiff can present specific evidence of negligence and the cause of an accident, the plaintiff has no need to rely on a res ipsa loquitur inference.

City of Grand Forks v. Hendon/DDRC/BP, et al. 2006 ND 116
Docket No.: 20050197
Filing Date: 6/1/2006
Case Type: Appeal - Civil - Real Property
Author: VandeWalle, Gerald

Highlight: The amount of damages in a condemnation action will be upheld on appeal if it is within the range of the evidence presented to the trier of fact.

Wheeler v. Schuetzle 2006 ND 115
Docket No.: 20060074
Filing Date: 6/1/2006
Case Type: Original Proceeding - Criminal - Writ of Prohibition
Author: VandeWalle, Gerald

Highlight: The Supreme Court's original jurisdiction will not be exercised to vindicate private rights, regardless of their importance.
Before the Supreme Court's original jurisdiction will be exercised, the rights of the public, the sovereignty of the state, or the liberties of its people must be directly affected.
To exercise the Supreme Court's original jurisdiction, a private party must set forth in his petition that he has called the alleged infringement upon the sovereignty of the state to the attention of the Attorney General and requested the Attorney General to institute an original proceeding but the Attorney General refused to do so or unreasonably delayed doing so.

Gust v. State 2006 ND 114
Docket No.: 20050381
Filing Date: 6/1/2006
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Kapsner, Carol

Highlight: A defendant has the burden to show he is entitled to additional credit for time served in custody.
A defendant is not entitled to credit for time spent in custody for both a separate criminal offense and a new sentence following a parole revocation.

State v. Frederick 2006 ND 113
Docket No.: 20050432
Filing Date: 6/1/2006
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Convictions of manufacture of a controlled substance, possession of drug paraphernalia, and abuse or neglect of a child are summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Kunze v. State (Consol. w/20050377-20050379) (Cross-ref. w/990163-990166) 2006 ND 112
Docket No.: 20050376
Filing Date: 6/1/2006
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: District court's summary denial of a motion for an evidentiary hearing on post-conviction relief and denial of a motion to vacate criminal judgments is affirmed under N.D.R.App.P. 35.1(a)(2) and (6).

Carpenter v. Rohrer, et al. 2006 ND 111
Docket No.: 20050127
Filing Date: 5/17/2006
Case Type: Appeal - Civil - Malpractice
Author: Kapsner, Carol

Highlight: An appellant must provide a transcript sufficient to allow a meaningful and intelligent review of the alleged errors and assumes the consequences for the failure to file a complete transcript.
Special jury verdicts are upheld whenever possible and set aside only if it is shown they were perverse and clearly contrary to the evidence.
A witness's qualification to testify as an expert is left to the sound discretion of the trial court and is not reversed on appeal absent an abuse of discretion.

Bank Center First, Bismarck, ND v. R.C. Transport LLC, et al. 2006 ND 110
Docket No.: 20050299
Filing Date: 5/17/2006
Case Type: Appeal - Civil - Foreclosure
Author: VandeWalle, Gerald

Highlight: Filing a money judgment in a county where the judgment debtor has an interest in real property is a lien on the judgment debtor's interest in the real property.
The 60-day limit for redeeming from a prior redemptioner begins to run when the prior redemptioner's written notice of redemption is filed with the office of the county recorder.
To redeem property, a redemptioner need pay only the purchase price with interest, plus amounts which have been paid to protect the premises.

Landers, et al. v. Biwer, et al. 2006 ND 109
Docket No.: 20050313
Filing Date: 5/16/2006
Case Type: Appeal - Civil - Contracts
Author: Sandstrom, Dale

Highlight: Specific performance cannot be enforced against a party to a contract if specific performance is not just and reasonable to that party or if the party's assent was obtained by misrepresentation.
Because specific performance is an equitable remedy, a litigant seeking specific performance is held to a higher standard than one merely seeking money damages, and to receive equity a litigant must "do equity" and must not come into court with "unclean hands."
All the circumstances surrounding a transaction may be considered when deciding whether specific performance is just and reasonable to a party.
An award of damages will not be disturbed if the award is within the range of the evidence presented to the trier of fact.
For disputes involving oral contracts, the trier of fact determines whether an oral contract exists and what the terms of the oral contract are, and the findings of fact of the district court will not be reversed unless they are clearly erroneous.

City of Bismarck v. Mariner Construction, Inc., et al. 2006 ND 108
Docket No.: 20050322
Filing Date: 5/16/2006
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Highlight: The interpretation of a written contract to determine its legal effect is a question of law, and a court must initially determine if the contract is ambiguous.
If a contract is unambiguous, the court interprets the meaning of the contract as a matter of law and the trier of fact determines if the contract, as construed by the court, has been breached.
If a contract is ambiguous, the trier of fact may consider extrinsic evidence about the parties' intent to determine the meaning of the contract and the trier of fact then decides whether the parties have breached the contract.
If a contract is uncertain, the language of the contract is interpreted most strongly against the party who caused the uncertainty; however, for contracts between a public entity and a private party, it is presumed the uncertainty was caused by the private party.

Disciplinary Board v. Chinquist 2006 ND 107
Docket No.: 20050359
Filing Date: 5/16/2006
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer suspended from practice of law for six months and one day and ordered to pay costs and expenses of proceeding for violating N.D.R. Prof. Conduct 1.5(a) and (b), 1.7(a), 1.8(a), and 1.15(a) and (f).
Having consensual sexual relations with a domestic relations client serves the attorney's own interests and creates an inherent conflict with the proper representation of the client.

Roth v. State 2006 ND 106
Docket No.: 20050227
Filing Date: 5/11/2006
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Maring, Mary

Highlight: Claiming ineffective assistance of trial and appellate counsel for the first time in the first post-conviction relief application is not misuse of process.

Disciplinary Board v. Hellerud 2006 ND 105
Docket No.: 20050354
Filing Date: 5/11/2006
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Charging an unreasonable fee can subject an attorney to discipline.
Failing to communicate the basis, rate, and amount of fee within a reasonable time period can subject an attorney to discipline.
What attorneys charge for their services is generally a matter of agreement between the lawyer and the client.
A client's failure to complain does not prevent the Disciplinary Board from hearing a complaint. Nor does it prevent the Supreme Court from imposing sanctions.

Interest of C.S. 2006 ND 104
Docket No.: 20060116
Filing Date: 5/11/2006
Case Type: Appeal - Civil - Mental Health
Author: Maring, Mary

Highlight: A respondent in an involuntary commitment proceeding has a due process right to counsel.
A respondent's waiver of counsel in a mental health proceeding must be knowing, intelligent, and voluntary.
In an involuntary commitment proceeding, the trial court must determine the competence of the respondent to make a knowing and intelligent waiver of the right to counsel before permitting the respondent to proceed without counsel.
A presumption of incompetence does not arise simply due to the fact that mental health proceedings are being undertaken against the respondent.
For the record to disclose a valid waiver of right to counsel in a mental health proceeding, it must mirror the record of a valid waiver in a criminal proceeding.
In a mental health proceeding where the respondent wishes to represent himself, the trial court must make the respondent aware of the dangers and disadvantages of self-representation.
The trial court must assess the validity of a waiver of counsel and competence to make that waiver before each proceeding during which the respondent wishes to represent himself.
Courts should indulge every reasonable presumption against a waiver of counsel.

Interest of K.L. (Confidential) 2006 ND 103
Docket No.: 20060115
Filing Date: 5/11/2006
Case Type: Appeal - Civil - Mental Health
Author: Sandstrom, Dale

Highlight: Mentally ill persons who require treatment are entitled to the least restrictive treatment that will meet their treatment needs.
When deciding whether alternative treatment to hospitalization is adequate, the district court is required to make a two-part inquiry: (1) whether a treatment program other than hospitalization is adequate to meet the individual's treatment needs, and (2) whether an alternative treatment program is sufficient to prevent harm or injuries that an individual may inflict on himself or others.
While family involvement may be crucial in the recovery of mentally ill persons, it alone cannot defeat a district court finding that a person is dangerous and requires hospitalization if the record supports that finding.

State v. Grager (Consolidated w/20050281-20050292) 2006 ND 102
Docket No.: 20050280
Filing Date: 5/11/2006
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Sandstrom, Dale

Highlight: A prosecutor does not have the right to appeal an order dismissing a case when the proseuctor requested the dismissal.
The prosecution may not appeal an order suppressing evidence after the case has been dismissed at its request.

Lausen v. Hertz 2006 ND 101
Docket No.: 20050371
Filing Date: 5/11/2006
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: A court may, without an evidentiary hearing, deny a motion seeking modification of custody, unless the court finds the moving party has established a prima facie case justifying modification.
An unappealed judgment authorizing the custodial parent to remove the child from the state is res judicata.

State v. Haibeck (Cross-Ref. w/20040060) 2006 ND 100
Docket No.: 20050367
Filing Date: 5/11/2006
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Maring, Mary

Highlight: Unless a criminal defendant can show bad faith on the part of the police, failure to preserve potentially useful evidence does not constitute a denial of due process of law.
An argument that is not adequately articulated, supported, and briefed will not be considered on appeal.
A motion for acquittal may not be granted before the prosecution has the opportunity to present its evidence.

Ziesch v. Workforce Safety & Insurance, et al. 2006 ND 99
Docket No.: 20050256
Filing Date: 5/11/2006
Case Type: Appeal - Administrative - Workers Compensation
Author: Maring, Mary

Highlight: Workforce Safety and Insurance's practice of awarding lump sum disability benefits for a closed, limited time and simultaneously issuing a retroactive notice of intention to discontinue benefits does not violate due process if the claimant was not receiving ongoing disability benefits at the time of WSI's decision.
The purpose of administrative res judicata is to preserve resources and avoid wasteful expense and delay.

State v. Pace 2006 ND 98
Docket No.: 20050342
Filing Date: 5/11/2006
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Crothers, Daniel John

Highlight: A driving-under-the-influence arrestee being asked to submit to a chemical test is, upon request, entitled to a reasonable opportunity to contact a lawyer before deciding whether to take the test.
The reasonableness of the opportunity to consult with a lawyer before taking a chemical test for DUI is evaluated under the totality of the circumstances.
A law enforcement officer need not offer other suggestions to a DUI arrestee who is unable to reach his lawyer and makes no further requests.

Knutson, et al. v. City of Fargo 2006 ND 97
Docket No.: 20050355
Filing Date: 5/11/2006
Case Type: Appeal - Civil - Real Property
Author: Sandstrom, Dale

Highlight: Under the North Dakota Constitution, inverse condemnation requires a public entity's taking or damaging an owner's property by some deliberate act, whether done intentionally, negligently, or innocently.
For intentional trespass, the plaintiff must establish the defendant intentionally entered the land of another, or caused a thing or third person to do so, without the consent of the landowner.
Public entities are not liable in negligence for discretionary functions or duties.
To decide whether a governmental act is protected by discretionary immunity, the court must examine whether the action is a matter of choice for the acting employee and whether that judgment or choice is of the kind that discretionary immunity was designed to shield.

Interest of J.M. (CONFIDENTIAL) 2006 ND 96
Docket No.: 20050383
Filing Date: 5/11/2006
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Maring, Mary

Highlight: In a proceeding for commitment as a sexually dangerous person, the evidence must clearly show a respondent's disorder is likely to manifest itself in a serious difficulty in controlling sexually predatory behavior.
A commitment hearing must be held within sixty days of the finding of probable cause, but the district court may grant an extension if good cause is shown.
A trial court's failure to make a finding of good cause to extend the time for holding a commitment hearing within sixty days of the finding of probable cause does not require a subsequent order for commitment be vacated.
Scheduling constraints alone do not automatically establish "good cause" for extending time before the hearing.

State v. Wheeler (Cons. w/20050258 & 20050259) 2006 ND 95
Docket No.: 20050257
Filing Date: 5/11/2006
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: Convictions of gross sexual imposition, encouraging the deprivation of a minor, and contributing to the delinquency of a minor are summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (3).
A judgment should accurately reflect the proceedings and under N.D.R.Crim.P. 36, a court may correct a clerical error in a judgment due to oversight.

State v. Ruud 2006 ND 94
Docket No.: 20050314
Filing Date: 5/11/2006
Case Type: Appeal - Criminal - Theft
Author:

Highlight: Conviction for theft of property is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Clifford v. Redmann 2006 ND 93
Docket No.: 20050419
Filing Date: 5/11/2006
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Order denying petition for writ of habeas corpus is dismissed as an unappealable order.
Dismissal of application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(1).

Kaiser v. State (Cross-reference w/20040135) 2006 ND 92
Docket No.: 20050319
Filing Date: 5/11/2006
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Denial of application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

City of Minot v. Hellebust 2006 ND 91
Docket No.: 20050372
Filing Date: 5/11/2006
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: A criminal judgment after conviction by a jury of driving under the influence is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4).

City of Lisbon v. Dahl 2006 ND 90
Docket No.: 20050388
Filing Date: 5/11/2006
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: A criminal judgment for driving under the influence of liquor or drugs is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Judicial Vacancy in Judgeship No. 4, Southwest Judicial District 2006 ND 89
Docket No.: 20060098
Filing Date: 5/4/2006
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Judicial Vacancy in Judgeship No. 5, Southeast Judicial District 2006 ND 88
Docket No.: 20060035
Filing Date: 4/26/2006
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Southeast District judgeship retained at Ellendale.

Choice Financial Group v. Schellpfeffer, et al. (Cross-Ref w/20040204) 2006 ND 87
Docket No.: 20050273
Filing Date: 4/25/2006
Case Type: Appeal - Civil - Contracts
Author: Sandstrom, Dale

Highlight: Summary judgment is appropriate only after the non-moving party has had a reasonable opportunity for discovery to develop his position.
Failure to comply with the affidavit requirement of Rule 56(f), N.D.R.Civ.P., is not fatal to a request for additional discovery before a summary judgment motion is decided.
The party seeking additional discovery must identify with specificity what information is sought; how, if uncovered, it would preclude summary judgment; and why it has not previously been obtained.

Steen and Berg Co. v. Berg 2006 ND 86
Docket No.: 20050155
Filing Date: 4/25/2006
Case Type: Appeal - Civil - Contracts
Author: Sandstrom, Dale

Highlight: A primary objective of a nonclaim statute is the expeditious and orderly processing of decedents' estates, and if claims against a decedent's estate are not timely filed, the claims are barred as a matter of law.
Casting a claim in terms of title to property is insufficient to avoid the time limitations of the nonclaim statute if the gist of the claim sounds in tort or in contract.

Disciplinary Board v. Mertz 2006 ND 85
Docket No.: 20050360
Filing Date: 4/24/2006
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: An attorney may attempt to compromise an infraction by proposing payment for the individual's injuries and agreeing not to file a potential suit against the individual in exchange for the individual dismissing the complaint.
When representing a client, an attorney may not use means that have no substantial purpose other than to embarrass or burden a third party.

State ex rel. Stenehjem v. FreeEats.com, Inc. 2006 ND 84
Docket No.: 20050171
Filing Date: 4/21/2006
Case Type: Appeal - Civil - Other
Author: Kapsner, Carol

Highlight: Preemption of state law is not favored, and the framework for analyzing a preemption claim under the Supremacy Clause begins with the basic assumption that Congress did not intend to displace state law.
A state's police power encompasses the duty to protect the privacy of its citizens, including the authority to protect the peaceful enjoyment of the home and the well-being and tranquility of the community.
The statutory language of the Telephone Consumer Protection Act of 1991 clearly expresses Congress' intent that the Act was not meant to occupy the field within its subject matter.
The Telephone Consumer Protection Act does not preempt a state law which prohibits telemarketing calls using automatic telephone dialing systems or artificial or prerecorded voice messages.

Sanderson, et al. v. Walsh Co., et al. 2006 ND 83
Docket No.: 20050303
Filing Date: 4/21/2006
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Crothers, Daniel John

Highlight: A dismissal without prejudice is not appealable except where the dismissal has the practical effect of terminating the litigation in the plaintiff's forum, e.g., a statute of limitations has run or where litigation is foreclosed in the state court.
Mailing, even by certified mail with return receipt and restricted delivery, does not constitute "delivering" for purposes of service of process on a county or the State under N.D.R.Civ.P. 4(d)(2)(E) and 4(d)(2)(F).

Interest of P.F. (CONFIDENTIAL) 2006 ND 82
Docket No.: 20050302
Filing Date: 4/19/2006
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Crothers, Daniel John

Highlight: A preliminary hearing must be held within seventy-two hours of the filing of a petition for commitment of a sexually dangerous individual. The purpose of the hearing is to determine whether there is probable cause to believe that individual is sexually dangerous.
Expert testimony is not required at the preliminary hearing.
A commitment hearing must be held within sixty days of the finding of probable cause, but the district court may grant an extension if good cause is shown.
Scheduling constraints alone do not automatically establish "good cause" for extending time before the hearing.
In determining whether a person is "sexually dangerous," the State's experts may rely on all sexual predatory conduct, not just that conduct that resulted in a successful conviction on a sexual offense.

Marchus v. Marchus 2006 ND 81
Docket No.: 20050329
Filing Date: 4/19/2006
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: A modification of child support should be made effective from the date of the motion to modify, absent good reason to set some other date. The district court may set a later effective date, but its reasons for doing so should be apparent or explained.

Murphy v. State (cross-ref. w/20050428) 2006 ND 80
Docket No.: 20050456
Filing Date: 4/19/2006
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Denial of an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).