Opinions

Interest of G.A.S. (CONFIDENTIAL) 2016 ND 136
Docket No.: 20160212
Filing Date: 6/30/2016
Case Type: Appeal - Civil - Mental Health
Author: VandeWalle, Gerald

Highlight: A request to treat a patient with prescribed medication requires two signatures, one from the patient's treating psychiatrist and one from another medical professional not involved in the patient's current diagnosis or treatment.
A medical professional certifying a request to treat with medication is not prohibited from later becoming involved in the patient's treatment.

State v. Putney (cross-reference w/20150237) 2016 ND 135
Docket No.: 20160033
Filing Date: 6/30/2016
Case Type: Appeal - Criminal - Assault
Author: Kapsner, Carol

Highlight: A restitution order is reviewed under the abuse of discretion standard.

Zajac v. Traill County Water Resource District 2016 ND 134
Docket No.: 20160028
Filing Date: 6/30/2016
Case Type: Appeal - Civil - Administrative Proceeding
Author: McEvers, Lisa K. Fair

Highlight: An appeal from a decision by a local governing body must be filed with the district court within thirty days of the decision.

State v. Baker 2016 ND 133
Docket No.: 20150307
Filing Date: 6/30/2016
Case Type: Appeal - Criminal - Misc. Felony
Author: Sandstrom, Dale

Highlight: An indigent defendant facing a felony charge is entitled to have counsel provided at public expense to represent the defendant at every stage of the proceeding from initial appearance through appeal, unless the defendant waives this right.
Before defendants will be allowed to represent themselves in legal proceedings, they must voluntarily, knowingly, and intelligently relinquish the benefits of counsel.

State v. Clayton 2016 ND 131
Docket No.: 20150357
Filing Date: 6/30/2016
Case Type: Appeal - Criminal - Assault
Author: VandeWalle, Gerald

Highlight: Restitution is limited to those damages directly related to, and resulting from, the defendant's criminal action.
Whether there is a direct relationship between a defendant's criminal action and an injury is a question of fact subject to the clearly erroneous standard of review.
A district court is not required to accept uncontradicted testimony as fact.

State v. Carlson 2016 ND 130
Docket No.: 20150338
Filing Date: 6/30/2016
Case Type: Appeal - Criminal - Sexual Offense
Author: VandeWalle, Gerald

Highlight: A charging information may be amended at any time before the verdict or finding unless an additional or different offense is charged or a substantial right of the defendant is prejudiced.
A curative instruction is generally sufficient to remove prejudice caused by improper evidence or testimony.
Erroneously admitted evidence that is cumulative to other properly admitted evidence is not prejudicial and is harmless error.

Ratliff v. State 2016 ND 129
Docket No.: 20150352
Filing Date: 6/30/2016
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Kapsner, Carol

Highlight: The district court may take judicial notice of previously filed orders when sentencing a defendant.

State v. Beaulieu 2016 ND 128
Docket No.: 20150345
Filing Date: 6/30/2016
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: VandeWalle, Gerald

Highlight: A successor judge is not required to certify familiarity with the trial record before deciding a post-trial motion.
New evidence only impeaching witness testimony is generally insufficient to warrant a new trial.
Issues not raised at the district court, even of constitutional magnitude, will generally not be considered unless rising to the level of obvious error.

Robinson v. State 2016 ND 127
Docket No.: 20160026
Filing Date: 6/30/2016
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

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

Lohmann v. N.D. Dep't of Transportation 2016 ND 126
Docket No.: 20160027
Filing Date: 6/30/2016
Case Type: Appeal - Administrative - Department of Transportation
Author: Per Curiam

Highlight: Suspension of driving privileges is summarily affirmed under N.D.R.App.P. 35.1(a)(5) and (7).