Opinions

Wishnatsky v. Huey 1998 ND App8
Docket No.: 19980067
Filing Date: 9/15/1998
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Per Curiam

State v. Roberson 1998 ND App15
Docket No.: 19980078
Filing Date: 11/30/1998
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Anseth v. Dupont Co. 1998 ND App10
Docket No.: 19980118
Filing Date: 10/20/1998
Case Type: Appeal - Civil - Contracts
Author: Per Curiam

Beck v. Job Service North Dakota 1998 ND App14
Docket No.: 19980115
Filing Date: 11/13/1998
Case Type: Appeal - Administrative - Unemployment/Job Service
Author: Hagerty, Gail

State v. Rohde (Consolidated w/980213 & 980214) 1998 ND App13
Docket No.: 19980161
Filing Date: 10/22/1998
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Interest of A.K., et al. (Confidential) 2005 ND App3
Docket No.: 20040313
Filing Date: 5/10/2005
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: The State must prove the elements for termination of parental rights by clear and convincing evidence.
In determining whether the causes and conditions of deprivation will continue or will not be remedied, there must be prognostic evidence forming the basis for reasonable prediction of continued or future deprivation.

City of Grand Forks v. Barnum 2005 ND App4
Docket No.: 20040323
Filing Date: 5/19/2005
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: For a process to be a necessary part of the approved method, the State Toxicologist must expressly include it in the approved methodology and make it a part of the requirement for fair administration.
Admission of a checklist other than the one generated in the course of administering a breath test is not a foundational requirement for admissibility of the test result generated in a breath test conducted with an Intoxilyzer 5000 KB-EP and printed on a "Form 106 KB-EP."

Gosbee v. Martinson, et al. 2005 ND App10
Docket No.: 20050056
Filing Date: 7/6/2005
Case Type: Appeal - Civil - Other
Author:

Highlight: Rule 54(e)(1), N.D.R.Civ.P., which provides that the trial court shall schedule a hearing when objections to costs and disbursements are filed, is mandatory and affords no discretion to the trial court to dispense with the required hearing unless it is expressly waived by the parties.
When a motion is submitted under N.D.R.Ct. 3.2 and oral argument is properly requested, the trial court has no discretion to refuse to hold a hearing.
When a trial court has erroneously failed to provide a required hearing, the appropriate remedy is a remand for a hearing.

Johnson v. State (Consolidated w/20050029) 2005 ND App8
Docket No.: 20050028
Filing Date: 6/30/2005
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: An application for post-conviction relief may be denied on the grounds of res judicata and misuse of process.
Whether there has been a manifest injustice supporting withdrawal of a guilty plea lies within the trial court's discretion.
To succeed on a claim of ineffective assistance of counsel, a defendant must prove counsel's performance fell below an objective standard of reasonableness and the deficient performance prejudiced him.

Interest of K.N.H., et al. (CONFIDENTIAL) 2005 ND App9
Docket No.: 20050018
Filing Date: 7/6/2005
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author:

Highlight: A juvenile court order terminating a father's parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2).