Opinions

State v. Hyde 2017 ND 186
Docket No.: 20160437
Filing Date: 7/31/2017
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Tufte, Jerod E.

Highlight: The State has the burden to prove the three elements of the emergency doctrine exist at the time of a warrantless entry into a residence.
An objective standard of reasonableness is used in determining whether law enforcement had reasonable grounds to believe there was an emergency at hand and an immediate need for their assistance for the protection of life or property.
A delay in law enforcement's responding to a potential emergency weighs against a finding of "immediate" need of police assistance.

State v. Von Ruden 2017 ND 185
Docket No.: 20170015
Filing Date: 7/31/2017
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: McEvers, Lisa K. Fair

Highlight: An arresting officer's manual abortion of an Intoxilyzer breath test sequence after receiving a deficient sample does not invalidate the test results from a second, independent breath test sequence administered in accordance with the approved method.
A person arrested for DUI has a limited statutory right to consult with an attorney before deciding whether to submit to a chemical test and the arresting officer must provide the arrestee with a reasonable opportunity to speak with an attorney so long as that opportunity does not materially interfere with the test administration.

Kulbacki v. Michael (cross-reference 20130283) 2017 ND 184
Docket No.: 20160353
Filing Date: 7/31/2017
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: A motion to modify grandparent visitation with a minor child requires the moving party to show a material change of circumstances has occurred since the prior visitation order and it is in the child's best interests to modify the order.
In a proceeding relating to the modification of grandparent visitation, the termination of a parent's rights is a material change in circumstances.

Industrial Contractors Inc. v. Taylor, et al. 2017 ND 183
Docket No.: 20160322
Filing Date: 7/31/2017
Case Type: Appeal - Administrative - Workers Compensation
Author: Kapsner, Carol

Highlight: Under workers' compensation law, seasonal employment includes occupations that are not permanent or that do not customarily operate throughout the entire year and is determined by what is customary with respect to the employer at the time of injury.

Disciplinary Board v. Widdel 2017 ND 182
Docket No.: 20170204
Filing Date: 7/25/2017
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer Suspended.

Vacancy in Judgeship No. 6, NEJD 2017 ND 181
Docket No.: 20170158
Filing Date: 7/24/2017
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judgeship retained at Grafton.

Ritter v. Ritter (Cross-reference w/20150202) 2017 ND 180
Docket No.: 20160442
Filing Date: 7/19/2017
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: A district court's second amended judgment denying a motion for equal residential responsibility is summarily affirmed under N.D.R.App.P. 35.1(a)(2), (4), and (7).

Langved v. Continental Resources, Inc., et al. (cross-reference 20150335) 2017 ND 179
Docket No.: 20160363
Filing Date: 7/17/2017
Case Type: Appeal - Civil - Administrative Proceeding
Author: Kapsner, Carol

Highlight: Appeals from decisions of the Industrial Commission cannot be turned into inverse condemnation actions.
The Industrial Commission is authorized to modify previously designated spacing units.
The correlative right is having the opportunity to produce, not having a guaranteed share of production.

Interest of A.B. (consolidated with 20170206)(confidential) 2017 ND 178
Docket No.: 20170205
Filing Date: 7/12/2017
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Kapsner, Carol

Highlight: In terminating parental rights, a parent's lack of cooperation with social services is relevant and indicates the causes and conditions of deprivation are likely to continue.
Children should not be required to remain in an indeterminate status between foster care and the need for permanent placement while parents attempt to improve their lives.

State v. Friesz 2017 ND 177
Docket No.: 20160147
Filing Date: 7/12/2017
Case Type: Appeal - Criminal - Misc. Felony
Author: Tufte, Jerod E.

Highlight: Warrantless and non-consensual searches and seizures made inside a home are presumptively unreasonable, unless an exception to the warrant requirement applies.
The exigent circumstances exception includes an emergency situation requiring swift action to prevent imminent danger to life or serious damage to property, or to forestall the imminent escape of a suspect or destruction of evidence.
The inevitable discovery doctrine establishes that evidence derived from information obtained in an unlawful search is not inadmissible under the fruit-of-the-poisonous-tree doctrine when it is shown that the evidence would have been gained even without the unlawful action.