Opinions

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).

Interest of Spicer 2006 ND 79
Docket No.: 20050366
Filing Date: 4/19/2006
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

Highlight: When a district court fails to specifically state its findings, its decision will not be upset when valid reasons for the decision are discernable, either by deduction or inference.
A district court's finding that a non-custodial parent consented to the custodial parent relocating out of state with the parties' child is subject to the clearly erroneous standard of review.
A district court's decision on modification of visitation is a finding of fact that will not be reversed unless clearly erroneous.

Larson v. Schuetzle 2006 ND 78
Docket No.: 20050418
Filing Date: 4/19/2006
Case Type: Original Proceeding - Civil - Writ of Certiorari
Author: VandeWalle, Gerald

Highlight: The State Penitentiary warden has authority and control over the penitentiary and its inmates.
Simply because prison inmates retain certain constitutional rights does not mean those rights are not subject to restrictions and limitations.
Maintaining institutional security, safety, and internal order may require limitation or retraction of the retained constitutional rights of convicted prisoners and pretrial detainees.
Prison administrators are entitled to deference in the adoption and execution of policies intended to preserve the security, safety, internal order, and discipline of the prison.
When a prison regulation impinges on inmates' constitutional rights, the regulation is valid if it is reasonably related to legitimate penological interests.

State v. Genre (Cons. w/20050239,20050247& 20050248) 2006 ND 77
Docket No.: 20050238
Filing Date: 4/19/2006
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Crothers, Daniel John

Highlight: Voluntary consent to search is an exception to the warrant requirement.
An officer is generally not required to administer the Miranda warning during a traffic stop because the person is not in custody.
Statements made to law enforcement in an effort to cooperate with the hope of receiving some benefit are not statements made during a plea discussion and are admissible.

Flanagan v. State (Cross-Ref. w/20030247) 2006 ND 76
Docket No.: 20050226
Filing Date: 4/19/2006
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Maring, Mary

Highlight: An application for post-conviction relief may be denied as res judicata if the claim is a variation of a claim that was fully and finally determined in a previous proceeding.
A defendant claiming ineffective assistance of counsel must establish counsel's representation fell below an objective standard of reasonableness and the defendant was prejudiced by counsel's deficient performance.
To establish prejudice, a defendant must establish a reasonable probability that but for counsel's errors the result of the criminal proceeding would have been different, and a reasonable probability is a probability sufficient to undermine confidence in the outcome of the criminal proceeding.

Gustafson v. ND Department of Human Services 2006 ND 75
Docket No.: 20050390
Filing Date: 4/19/2006
Case Type: Appeal - Civil - Administrative Proceeding
Author: Crothers, Daniel John

Highlight: Under the 2003 version of the statute, for Medicaid eligibility, the purchase of an annuity is considered an uncompensated assignment or transfer of assets if it is not expected to return the full principal and interest within the purchaser's life expectancy.
Once a Medicaid applicant supplies a physician's estimate of reasonable life expectancy, the burden shifts to the Department of Human Services to accept or determine a reasonable life expectancy.

State v. Davenport (cross-ref. w/2000148) 2006 ND 74
Docket No.: 20050274
Filing Date: 4/19/2006
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: An order revoking probation is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Edin v. Disciplinary Board 2006 ND 73
Docket No.: 20060102
Filing Date: 4/13/2006
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer reinstatement ordered.

Hopfauf, et al. v. Hieb, et al. 2006 ND 72
Docket No.: 20050203
Filing Date: 4/6/2006
Case Type: Appeal - Civil - Malpractice
Author: Crothers, Daniel John

Highlight: Summary judgment is properly granted if the information available to the trial court precluded the existence of a genuine issue of material fact, entitling the moving party to summary judgment as a matter of law.
A district court's denial of a request for additional time for discovery under N.D.R.Civ.P. 56(f) is not overturned on appeal absent an abuse of discretion.
An element of negligent failure to obtain informed consent, as in any negligence action, is the existence and extent of a duty. A duty to disclose can only arise if the physician knew or should have known of the risks to be disclosed.

Bernabucci, et al. v. Huber, et al. 2006 ND 71
Docket No.: 20050275
Filing Date: 4/3/2006
Case Type: Appeal - Civil - Corporations
Author: VandeWalle, Gerald

Highlight: If extrinsic evidence is conclusive and undisputed, the determination of the meaning of a contract is a function for the court to resolve as a matter of law.
A court does not abuse its discretion when it denies a requested amendment to a complaint which would be futile.

Thompson v. Workforce Safety and Insurance, et al. 2006 ND 69
Docket No.: 20050392
Filing Date: 3/31/2006
Case Type: Appeal - Administrative - Workers Compensation
Author: Crothers, Daniel John

Highlight: When reviewing the decision of an administrative agency, courts do not make independent findings of fact or substitute their judgment for that of the agency, but determine whether a reasoning mind could reasonably have determined that the factual conclusions reached were supported by the weight of the record.
If the decision of the administrative agency was consistent with the opinion of the sole testifying physician, the agency's decision was supported by the weight of the record.

Victor v. Workforce Safety & Insurance, et al. (Consolidated w/20050400) 2006 ND 68
Docket No.: 20050384
Filing Date: 3/29/2006
Case Type: Appeal - Administrative - Workers Compensation
Author: Maring, Mary

Highlight: Workforce Safety and Insurance has discretion in determining what rehabilitative services are reasonably necessary and a reasoning mind reasonably could have decided that a $10,000 animal hoist was not a reasonably necessary rehabilitative service for a worker employed at a dog grooming business.

Manning v. Manning 2006 ND 67
Docket No.: 20050065
Filing Date: 3/29/2006
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Nesvig v. Nesvig (cross-ref. w/20030041) 2006 ND 66
Docket No.: 20050125
Filing Date: 3/29/2006
Case Type: Appeal - Civil - Contracts
Author: Kapsner, Carol

Highlight: In deciding whether to compel testimony of an unretained expert, the court should consider: whether the expert is being called to testify about facts of the case or to give opinion testimony; the difference between testifying to a previously formed or expressed opinion and forming a new one; whether the witness is a unique expert; the likelihood a comparable witness will willingly testify; and the degree the witness is oppressed by having to continually testify.
The district court does not abuse its discretion by failing to sequester an expert witness from observing trial testimony where the expert's presence is essential to presentation of the party's cause and no prejudice results.

Rothberg v. Rothberg 2006 ND 65
Docket No.: 20050198
Filing Date: 3/29/2006
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: An order denying a motion to modify child support or spousal support that is intended to be the final order of the court is appealable.
Conclusory, general findings of fact do not comply with N.D.R.Civ.P. 52(a), and the trial court must specifically state the subordinate facts upon which its ultimate factual conclusions rest.
In deciding whether to award attorney fees in a divorce proceeding, the court must consider the parties' financial needs and ability to pay.

Kramer v. Kramer 2006 ND 64
Docket No.: 20050222
Filing Date: 3/29/2006
Case Type: Appeal - Civil - Divorce - Property
Author: Sandstrom, Dale

Highlight: A district court should ordinarily not order a distribution of marital property that is inconsistent with the parties' contract, but a court may set aside a property settlement agreement if the agreement is executed under mistake, duress, menace, fraud, or undue influence, or if the agreement is unconscionable.

State v. Stavig 2006 ND 63
Docket No.: 20050278
Filing Date: 3/29/2006
Case Type: Appeal - Criminal - Theft
Author: Sandstrom, Dale

Highlight: Probation and restitution in a felony case may be extended for only one additional period of probation, not to exceed five years.
Ona revocation of probation appeal: (1) the Court reviews under a clearly erroneous standard whether the defendant violated his or her probation; and (2) the Court reviews under an abuse of discretion standard whether the district court's revoking the defendant's probation.

State v. Moran 2006 ND 62
Docket No.: 20050244
Filing Date: 3/29/2006
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Sandstrom, Dale

Highlight: Four factors must be weighted to decide whether a defendant's right to a speedy trial has been violated: (1) the length of the delay, (2) the reason for the delay, (3) the accused's assertion of his right to a speedy trial, and (4) the prejudice to the accused.
The State must actively try to serve a warrant, or it risks being negligent for not diligently pursuing the accused.
When the State diligently pursues the defendant, the defendant must prove actual prejudice; when the State intentionally delays prosecution because of a bad-faith motive, prejudice is presumed; and when the State has been negligent by not diligently pursuing the defendant, the weight of the other factors and the length of the delay controls whether prejudice must be actual or may be presumed.
The State does not err in its closing argument when it does not refer to its burden of proof so long as it does not imply a lesser burden of proof.

Parizek v. State (Cons. w/20050261 & 20050262) 2006 ND 61
Docket No.: 20050260
Filing Date: 3/29/2006
Case Type: Appeal - Civil - Post-Conviction Relief
Author: VandeWalle, Gerald

Highlight: Before the district court may summarily dismiss an application for post-conviction relief, the State's response to the application must be sufficient to put the applicant on his proof, shifting the burden to require the applicant to produce competent evidence to support his claims prior to the evidentiary hearing.
To justify summary dismissal of an application for post-conviction relief, the district court must find the applicant's claims invalid on their face.

Brown v. State Board of Higher Education 2006 ND 60
Docket No.: 20050365
Filing Date: 3/29/2006
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: VandeWalle, Gerald

Highlight: A university student with a grievance against the university is required to exhaust the university's internal procedures, provided by the university's policies, for handling such grievances prior to bringing a claim in court.

Thomas, et al. v. Stone 2006 ND 59
Docket No.: 20050269
Filing Date: 3/29/2006
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: An insured's authority to designate beneficiaries in a life insurance policy may be limited by an agreement or judgment.

Beckler v. Bismarck Public School Dist. 2006 ND 58
Docket No.: 20050195
Filing Date: 3/29/2006
Case Type: Appeal - Civil - Personal Injury
Author: Sandstrom, Dale

Highlight: The party resisting summary judgment cannot merely rely on pleadings, briefs, unsupported and conclusory allegations, or speculation to defeat a summary judgment motion but must present enough evidence for a reasonable jury to find for the plaintiff.
To succeed in a negligence claim, the plaintiff must prove the defendant owed a duty to the plaintiff, the defendant failed to discharge that duty, and the plaintiff has suffered an injury that was proximately caused by the defendant's negligence.
A landowner owes a duty of care to lawful entrants to keep its property in a reasonably safe condition, considering all the circumstances, which include the likelihood of injury to another, the seriousness of the injury, and the burden of avoiding the risk.
A proximate cause is a cause which, as a natural and continuous sequence, unbroken by any controlling intervening cause, produces the injury, and without which it would not have occurred.

Sack v. Sack 2006 ND 57
Docket No.: 20050167
Filing Date: 3/29/2006
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: The disadvantaged-spouse requirement for spousal support is abolished.
Spousal support decisions are to be based on the Ruff-Fischer guidelines.
A court may award items of personal property to a party if the other party agrees to the award in court.

Matter of G.R.H. 2006 ND 56
Docket No.: 20040287
Filing Date: 3/29/2006
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Sandstrom, Dale

Highlight: Involuntary civil commitment of a sexually dangerous person is reviewed under modified clearly erroneous standard of review.
Under statute for committing sexually dangerous person, proof of nexus between the requisite disorder and dangerousness encompasses proof that the disorder involves serious difficulty in controlling behavior and suffices to distinguish a dangerous sexual offender whose disorder subjects him to civil commitment from the dangerous but typical recidivist in a criminal case.
The executive director of the Department of Human Services may decide the least restrictive available treatment for a sexually dangerous individual, and that procedure does not violate due process or double jeopardy.

Sisk v. Sisk 2006 ND 55
Docket No.: 20050232
Filing Date: 3/29/2006
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

Highlight: Visitation between a non-custodial parent and child is presumed to be in that child's best interests but may be curtailed or eliminated if likely to endanger a child's emotional or physical health.
A trial court must award reasonable attorney fees and costs to the non-custodial parent if there has been a willful and persistent denial of visitation.

Thompson v. Olson 2006 ND 54
Docket No.: 20050091
Filing Date: 3/29/2006
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

Highlight: Whether injuries rise to the level of serious bodily injuries for purposes of applying the domestic violence presumption against custody is a finding of fact which will not be reversed on appeal unless it is clearly erroneous.

State v. Smith 2006 ND 53
Docket No.: 20050181
Filing Date: 3/29/2006
Case Type: Appeal - Criminal - Other
Author: Per Curiam

Highlight: Convictions of attempted kidnapping, aggravated assault, and terrorizing are summarily affirmed under N.D.R.App.P. 35.1(a)(3).

State v. Feist 2006 ND 52
Docket No.: 20050423
Filing Date: 3/29/2006
Case Type: Appeal - Criminal - Other
Author: Per Curiam

Highlight: A district court order denying the defendant's motion to withdraw his guilty plea is affirmed under N.D.R.App.P. 35.1(a)(4) and (7).