Opinions

Jangula v. N.D. Dep't of Transportation 2016 ND 116
Docket No.: 20150286
Filing Date: 6/30/2016
Case Type: Appeal - Administrative - Department of Transportation
Author: Crothers, Daniel John

Highlight: A certified copy of an analytical report of a blood analysis issued by the director of the state crime laboratory or the director's designee must be accepted as prima facie evidence of the results of a chemical analysis.

Disciplinary Board v. Ward 2016 ND 115
Docket No.: 20150354
Filing Date: 6/10/2016
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: An isolated instance of ordinary negligence does not constitute lack of competence or diligence under the rules of professional conduct.

PHI Financial Services, Inc. v. Johnston Law Office, P.C., et al. (20150008) 2016 ND 114
Docket No.: 20150301
Filing Date: 6/10/2016
Case Type: Appeal - Civil - Other
Author: VandeWalle, Gerald

Highlight: The time to appeal an interlocutory order runs from service of notice of the appealable order or judgment, not from service of notice of the interlocutory order.
A judgment creditor may serve no more than 50 post-judgment interrogatories regardless of pre-judgment interrogatories.
A party's disagreement with how a court interpreted the law does not provide license to disobey a court order without consequence, and a party's failure to abide by an order is punishable as a contempt of court.

Disciplinary Board v. Ward 2016 ND 113
Docket No.: 20150337
Filing Date: 6/9/2016
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: The Supreme Court defers to the Disciplinary Board's findings on the credibility of a witness.
A lawyer who has withdrawn or has been discharged by the client has a duty to surrender promptly all papers and other property to which the client is entitled.
Injury or potential injury warranting suspension may include a client suffering monetary losses or incurring additional costs when forced to hire another lawyer to handle the matter.

Norman v. State 2016 ND 112
Docket No.: 20150298
Filing Date: 6/8/2016
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: District court orders denying an application for post-conviction relief are summarily affirmed under N.D.R.App.P. 35.1(a)(2), (6), and (7).

State v. Musselman (cross-reference w/20150071) 2016 ND 111
Docket No.: 20150250
Filing Date: 6/7/2016
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Sandstrom, Dale

Highlight: An investigative stop must be justified by the officer's reasonable and articulable suspicion that a law has been or is being violated.
An officer can use information received from other persons along with his or her personal observations to form the factual basis needed for a legal investigatory stop.

Disciplinary Board v. Enget 2016 ND 110
Docket No.: 20160139
Filing Date: 6/6/2016
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer suspension ordered.

Holkesvig v. Maring 2016 ND 109
Docket No.: 20150247
Filing Date: 6/2/2016
Case Type: Appeal - Civil - Other
Author: Per Curiam

Highlight: Judgment dismissing complaint and order denying motion for relief are summarily affirmed under N.D.R.App.P. 35.1(a)(4), (6), and (7).

Holkesvig v. Edison, et al. 2016 ND 108
Docket No.: 20150266
Filing Date: 6/2/2016
Case Type: Appeal - Civil - Other
Author: Per Curiam

Highlight: Judgment dismissing complaint, order denying motion for relief from judgment, and orders denying post-appeal motions are summarily affirmed under N.D.R.App.P. 35.1(a)(4), (6), and (7).

Holkesvig v. VandeWalle, et al. 2016 ND 107
Docket No.: 20150246
Filing Date: 6/2/2016
Case Type: Appeal - Civil - Other
Author: McEvers, Lisa K. Fair

Highlight: Neither the North Dakota Constitution nor the North Dakota Century Code provides the Supreme Court with the power to divest district courts of subject-matter jurisdiction.
The filing of a petition for rehearing stays the mandate of a Supreme Court judgement until disposition of the petition.
The Supreme Court will not set aside a district court's decision merely because the court applied an incorrect reason, if the result would be the same under the correct law and reasoning.
A petition for rehearing is the proper means to afford the Supreme Court an opportunity to correct factual misstatements in the original opinion.