Opinions

State v. Harrison 2017 ND 6
Docket No.: 20160195
Filing Date: 1/26/2017
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Conviction on four counts of gross sexual imposition is summarily affirmed under N.D.R.App.P. 35.1(a)(3), (4), and (7).

State v. Catch the Bear 2017 ND 5
Docket No.: 20160182
Filing Date: 1/26/2017
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Conviction of gross sexual imposition is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Lowe v. WSI 2017 ND 4
Docket No.: 20160287
Filing Date: 1/26/2017
Case Type: Appeal - Administrative - Workers Compensation
Author: Per Curiam

Highlight: A district court judgment dismissing an appeal from an administrative order is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

State v. Moreland (consolidated w/20160268) 2017 ND 3
Docket No.: 20160267
Filing Date: 1/26/2017
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: A district court's order denying a request to correct an illegal sentence is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

State v. Nelson (consolidated w/20160225)(cross-ref. w/20150212) 2017 ND 2
Docket No.: 20160224
Filing Date: 1/26/2017
Case Type: Appeal - Criminal - Theft
Author: Per Curiam

Highlight: A district court's order for restitution is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Interest of Voisine (cross-ref. w/20090182, 20100163, 20120325 & 20140051) 2016 ND 254
Docket No.: 20160061
Filing Date: 12/30/2016
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: VandeWalle, Gerald

Highlight: Courts are not restricted to actuarial tests in determining whether an individual is likely to engage in further acts of predatory conduct; all relevant conduct should be considered.
There must be a nexus between a sexually dangerous individual's congenital or acquired condition and his serious difficulty in controlling his behavior.

Castillo v. N.D. Dep't of Transportation 2016 ND 253
Docket No.: 20160192
Filing Date: 12/20/2016
Case Type: Appeal - Administrative - Department of Transportation
Author: Sandstrom, Dale

Highlight: When statutory language is clear and unambiguous, the letter of the statute cannot be disregarded under the pretext of pursuing its spirit.
Although for purposes of the criminal refusal statute a police officer must inform a driver that the driver may remedy a refusal of an onsite screening test by taking a subsequent chemical test, the statute does not require the driver to be informed of this remedy for purposes of administrative revocation of driving privileges for refusing an onsite test.

Koenig v. Schuh, et al. 2016 ND 252
Docket No.: 20160060
Filing Date: 12/20/2016
Case Type: Appeal - Civil - Personal Injury
Author: Crothers, Daniel John

Highlight: A civil personal injury litigant is not constitutionally or statutorily entitled to a free transcript.

Rasmussen v. Harvey 2016 ND 251
Docket No.: 20160219
Filing Date: 12/20/2016
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: The district court must balance one party's financial needs against the other party's ability to pay when awarding attorney's fees and costs in divorce proceedings.

Kraft v. State 2016 ND 250
Docket No.: 20160116
Filing Date: 12/20/2016
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Sandstrom, Dale

Highlight: If the State moves to dismiss an application for post-conviction relief, the applicant must be allowed thirty days to respond if the State's motion asks the district court to go beyond the pleadings.
If the State's motion to dismiss does not ask the district court to go beyond the pleadings, the applicant must be allowed fourteen days to respond.