Opinions

Mead v. ND Dept. of Transportation 1998 ND App2
Docket No.: 19980054
Filing Date: 7/7/1998
Case Type: Appeal - Administrative - Department of Transportation
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

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

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

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

Lang v. Binstock 2001 ND App1
Docket No.: 19990345
Filing Date: 1/17/2001
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Per Curiam

State v. Bernstein 2005 ND App6
Docket No.: 20040298
Filing Date: 5/26/2005
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam

Highlight: To satisfy the knowledge element of criminal trespass under N.D.C.C. 12.1-22-03(3), the State must prove that the defendant knew or had a firm belief, unaccompanied by substantial doubt, that he was not licensed or privileged to be on the property.
A statement offered to show its effect upon the state of mind of the listener, rather than the truth of the matter asserted, is not hearsay.

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."

Pautz v. N.B., et al. (Confidential) (cross-ref. w/20040229) 2005 ND App2
Docket No.: 20040340
Filing Date: 4/29/2005
Case Type: Appeal - Criminal - Juvenile Law
Author: Per Curiam

Highlight: The court summarily affirmed an order declaring a child delinquent and placing her in the custody of Division of Juvenile Services for one year.