Opinions

Judicial Conduct Commission v. Hagar 2017 ND 64
Docket No.: 20160283
Filing Date: 3/30/2017
Case Type: Discipline - Judge - Original Proceeding
Author: Per Curiam

Highlight: A judge may be suspended without pay for violations of the Code of Judicial Conduct.

Thompson v. State (cross-reference w/20150157) 2017 ND 63
Docket No.: 20160320
Filing Date: 3/30/2017
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court order entered on remand denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Russell 2017 ND 62
Docket No.: 20160310
Filing Date: 3/30/2017
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Criminal judgments entered after a jury found defendant guilty of possession of a controlled substance and possession of drug paraphernalia are summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Matter of Wegley 2017 ND 61
Docket No.: 20160266
Filing Date: 3/30/2017
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

Highlight: A district court order continuing civil commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Evans v. State 2017 ND 59
Docket No.: 20160345
Filing Date: 3/15/2017
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Follman v. Follman 2017 ND 58
Docket No.: 20160246
Filing Date: 3/15/2017
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: A district court amended judgment awarding primary residential responsibility to the father and order denying a motion for continuance is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

EduCap, Inc. v. Elder, et al. 2017 ND 57
Docket No.: 20160340
Filing Date: 3/15/2017
Case Type: Appeal - Civil - Debtor/Creditor
Author: Per Curiam

Highlight: A district court's orders denying a request for relief from judgment under N.D.R.Civ.P. 60(d) and a motion to reconsider are summarily affirmed under N.D.R.App.P. 35.1(a)(4).

State v. Kaul 2017 ND 56
Docket No.: 20160149
Filing Date: 3/13/2017
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Kapsner, Carol

Highlight: An investigative stop must be justified by reasonable suspicion that the person stopped is, or is about to be, engaged in criminal activity.
The United States Supreme Court's rule in Michigan v. Summers, 452 U.S. 692 (1981), which categorically permits the detention of occupants without reasonable suspicion incident to the execution of a search warrant, does not apply to the seizure of a visitor incident to a probationary search of another individual's residence.

Ueckert v. N.D. Dep't of Transportation 2017 ND 55
Docket No.: 20160152
Filing Date: 3/8/2017
Case Type: Appeal - Administrative - Department of Transportation
Author: Per Curiam

Highlight: A district court judgment affirming the Department of Transportation hearing officer's decision is summarily affirmed under N.D.R.App.P. 35.1(a)(7); Beylund v. Levi, 2017 ND 30.

Hamilton v. State 2017 ND 54
Docket No.: 20160276
Filing Date: 3/7/2017
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Crothers, Daniel John

Highlight: A district court's erroneous construction and application of N.D. Sup. Ct. Admin. R. 52, § 2(D) and (E) amounted to harmless error.
An applicant for post-conviction relief does not have an absolute right to be personally present at an evidentiary hearing when represented by counsel and permitted to testify by telephone.