Opinions

Rath v. Rath 2020 ND 96
Docket No.: 20190330
Filing Date: 5/7/2020
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: District court orders denying a motion for contempt and a request to reconsider are affirmed under N.D.R.App.P. 35.1 (a)(1) and (4).

State v. Helmenstein 2020 ND 95
Docket No.: 20190336
Filing Date: 5/7/2020
Case Type: Appeal - Criminal - Homicide
Author: Per Curiam

Highlight: Amended criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Constitutional issues raised for the first time on appeal will not be considered.

State v. Darji 2020 ND 94
Docket No.: 20190303
Filing Date: 5/7/2020
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: A criminal judgment entered after a jury verdict is affirmed under N.D.R.App.P. 35.1(a)(3).

C & K Consulting v. Ward County Board of Commissioners (consol w/ 20190313- 2020 ND 93
Docket No.: 20190312
Filing Date: 5/7/2020
Case Type: Appeal - Civil - Administrative Proceeding
Author: Tufte, Jerod E.

Highlight: The district court abused its discretion when it denied granting relief from a judgment dismissing a case as a sanction when the dismissal was based on a misapplication of the law.

Schwindt v. Sorel 2020 ND 92
Docket No.: 20190245
Filing Date: 5/7/2020
Case Type: Appeal - Administrative - Department of Transportation
Author: McEvers, Lisa K. Fair

Highlight: Other factors may cause a horizontal gaze nystagmus test to be unreliable, including physiological causes for nystagmus, but those factors go to the weight of the evidence and not its admissibility.

Whether a driver refused to take a chemical test is a question of fact.

Kastet v. NDDOT 2020 ND 91
Docket No.: 20200003
Filing Date: 5/7/2020
Case Type: Appeal - Administrative - Department of Transportation
Author: Crothers, Daniel John

Highlight: A district court judgment reversing an administrative law judge’s order suspending driving privileges is reversed and remanded.

WSI v. Avila, et al. 2020 ND 90
Docket No.: 20190386
Filing Date: 5/7/2020
Case Type: Appeal - Administrative - Workers Compensation
Author: Crothers, Daniel John

Highlight: A district court judgment affirming an administrative law judge's order, which determined an individual is entitled to both the scheduled and whole body impairment award, is reversed and remanded under N.D.C.C. § 28-32-46, because it is not in accordance with the law.

Feltman, et al. v. Gaustad, et al. 2020 ND 89
Docket No.: 20190247
Filing Date: 5/7/2020
Case Type: Appeal - Civil - Malpractice
Author: Crothers, Daniel John

Highlight: Elements of a legal malpractice claim are: 1) the existence of an attorney-client relationship, 2) a duty by the attorney to the client, 3) a breach of that duty by the attorney, and 4) damages to the client proximately caused by the breach of duty.

On review of a summary judgment, evidence is viewed in the light most favorable to the party opposing the motion, and that party is given the benefit of all favorable inferences reasonably be drawn from the evidence.

State v. Burow 2020 ND 88
Docket No.: 20190382
Filing Date: 5/7/2020
Case Type: Appeal - Criminal - Assault
Author: Per Curiam

Highlight: Conviction of class C felony simple assault is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

State v. Dahl 2020 ND 87
Docket No.: 20190292
Filing Date: 5/7/2020
Case Type: Appeal - Criminal - Theft
Author: Tufte, Jerod E.

Highlight: The State’s motion to terminate a pretrial diversion agreement and resume prosecution must be made within one month after expiration of the period of suspension specified in the agreement.