Opinions

State v. Blotske 2017 ND 190
Docket No.: 20160339
Filing Date: 7/31/2017
Case Type: Appeal - Criminal - Sexual Offense
Author: Kapsner, Carol

Highlight: A district court's decision on a motion for mistrial will not be reversed on appeal absent a showing the court abused its discretion or that a manifest injustice would occur.
The cumulative effect of multiple errors may be productive of a manifest injustice which requires the district court to declare a mistrial.
For a lesser-included-offense instruction, there must be evidence on which a jury could rationally find beyond a reasonable doubt that the defendant is not guilty of the greater offense and to find beyond a reasonable doubt that the defendant is guilty of the lesser offense.

Booen v. Appel 2017 ND 189
Docket No.: 20170012
Filing Date: 7/31/2017
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: A district court must analyze all four Stout-Hawkinson factors in determining whether a custodial parent may move out-of-state with a child.
A district court's contempt decision will not be overturned on appeal unless the court abused its discretion.

State v. Davison (consolidated w/ 20160390 & 20160454) 2017 ND 188
Docket No.: 20160372
Filing Date: 7/31/2017
Case Type: Appeal - Criminal - Sexual Offense
Author: Kapsner, Carol

Highlight: Statutory interpretation is a question of law, which is fully reviewable on appeal.
Words in a statute are given their plain, ordinary, and commonly understood meaning, unless they are defined by statute or unless a contrary intention plainly appears.
An adult is guilty of patronizing a minor for commercial sexual activity when (1) with the intent to engage in commercial sexual activity with a minor; (2) the individual gives, agrees to give, or offers to give anything of value to a minor or another person; and (3) for the purpose of obtaining commercial sexual activity with a minor.

Adoption of J.L.F. (CONFIDENTIAL) 2017 ND 187
Docket No.: 20160399
Filing Date: 7/31/2017
Case Type: Appeal - Civil - Adoption
Author: Tufte, Jerod E.

Highlight: An individual seeking to adopt a child must ordinarily obtain the written consent of the child's parents, though if written consent is not provided, it must be proven the parent either (1) for one year failed significantly without justifiable cause to communicate with the child or provide for the care and support of the child or (2) abandoned the child.

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.