Opinions

Interest of J.J.A.M. (Confidential) 2017 ND 88
Docket No.: 20170081
Filing Date: 4/25/2017
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: An appeal from a juvenile court order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Caster 2017 ND 87
Docket No.: 20160335
Filing Date: 4/25/2017
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: Amended criminal judgment revoking probation is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7). State v. McAvoy, 2008 ND 204,  9, 757 N.W.2d 394; State v. Wetzel, 2011 ND 218,  11, 806 N.W.2d 193.

Vacancy in Judgeship No. 1, Southeast Judicial District 2017 ND 86
Docket No.: 20170062
Filing Date: 4/19/2017
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judgeship retained at Jamestown.

Vacancy in Judgeship No. 2, Northeast Judicial District 2017 ND 85
Docket No.: 20170054
Filing Date: 4/19/2017
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judgeship retained at Rugby.

Glende v. State 2017 ND 84
Docket No.: 20160304
Filing Date: 4/12/2017
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: District court judgment summarily dismissing an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Rufus v. State 2017 ND 83
Docket No.: 20160445
Filing Date: 4/12/2017
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Order denying postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

City of Gwinner v. Vincent 2017 ND 82
Docket No.: 20160223
Filing Date: 4/6/2017
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: McEvers, Lisa K. Fair

Highlight: A person arrested for DUI has a limited statutory right to consult with an attorney before deciding whether to submit to a chemical test.
The reasonableness of the opportunity to consult with an attorney before taking a chemical test for DUI is evaluated under the totality of the circumstances.
A law enforcement officer provided reasonable opportunity to a DUI arrestee who is unable to reach his lawyer and makes no further requests.

City of Dickinson v. Schank 2017 ND 81
Docket No.: 20160254
Filing Date: 4/6/2017
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Kapsner, Carol

Highlight: A person arrested for driving or being in actual physical control of a motor vehicle while under the influence has a limited statutory right to consult with an attorney before deciding whether to submit to a chemical test.
A DUI or APC arrestee being asked to submit to a chemical test is, upon request, entitled to a reasonable opportunity to contact a lawyer before deciding whether to take the test. The reasonableness of the opportunity to consult with counsel is evaluated under the totality of the circumstances.

Rath v. Rath (cross reference w/20150133) 2017 ND 80
Docket No.: 20160169
Filing Date: 4/5/2017
Case Type: Appeal - Civil - Other
Author: VandeWalle, Gerald

Highlight: Threats and activity intended to embarrass, annoy, or harass are not constitutionally protected speech.
Challenges to subject matter jurisdiction can be raised at anytime, even for the first time at oral argument.
The denial of a motion for reconsideration confirms the district court's order.

State v. Conrad 2017 ND 79
Docket No.: 20160301
Filing Date: 4/4/2017
Case Type: Appeal - Criminal - Theft
Author: Crothers, Daniel John

Highlight: Whether the civil dispute doctrine applies in a criminal case is a question of law.
A joint account holder may be charged with theft and exploitation of a vulnerable adult for misuse of joint account funds.
The civil dispute doctrine bars criminal prosecution if the case presents a legitimate dispute on a unique issue of property, contract, or other civil law, and the issues in the case would be more appropriately settled in a civil forum.
For the civil dispute doctrine to apply, resolution of the legitimate dispute on a unique issue of civil law must impact the public in general, rather than only the defendant and the alleged victim in the criminal case.