Opinions

State v. Peterson 2016 ND 192
Docket No.: 20160070
Filing Date: 10/4/2016
Case Type: Appeal - Criminal - Theft
Author: Kapsner, Carol

Highlight: A clerical error correctable under N.D.R.Crim.P. 36 includes a failure to accurately record an action taken by the district court, but the rule does not extend to correction of errors of substance.

City of Bismarck v. Pederson 2016 ND 191
Docket No.: 20160021
Filing Date: 10/4/2016
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: A criminal judgment for APC entered following denial of a motion to suppress evidence is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Estate of Ketterling 2016 ND 190
Docket No.: 20160130
Filing Date: 9/26/2016
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: McEvers, Lisa K. Fair

Highlight: In an unsupervised probate, an order determining some, but not all, of one person's claims or disputes in an estate is not appealable without an order or certification under N.D.R.Civ.P. 54(b).

Reciprocal Discipline of Haderlie 2016 ND 189
Docket No.: 20160133
Filing Date: 9/20/2016
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Disciplinary action dismissed.

Interest of C.S., a child (CONFIDENTIAL)(CONSOLIDATED w/20150356) 2016 ND 188
Docket No.: 20150355
Filing Date: 9/15/2016
Case Type: Appeal - Civil - Juvenile Law
Author: Per Curiam

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

State v. Schmidt (consolidated w/20150278) (cross-reference w/20140272) 2016 ND 187
Docket No.: 20150277
Filing Date: 9/15/2016
Case Type: Appeal - Criminal - Drugs/Contraband
Author: McEvers, Lisa K. Fair

Highlight: Police officers have limited authority to freeze the scene of a recently committed crime to investigate individuals who reasonably may be involved in the criminal activity without violating the Fourth Amendment.
A signed consent to search form is not determinative of whether an individual's consent is voluntary, but merely one factor for a district court to consider under the totality of the circumstances.

State v. Grajczyk 2016 ND 180
Docket No.: 20160034
Filing Date: 9/15/2016
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Criminal judgment entered after a jury found a defendant guilty of possession of methamphetamine with intent to deliver, possession of marijuana with intent to deliver and possession of drug paraphernalia is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).

Matter of Mangelsen (cross-ref. w/20130155) 2016 ND 179
Docket No.: 20160052
Filing Date: 9/15/2016
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

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

Davies v. State 2016 ND 178
Docket No.: 20160120
Filing Date: 9/15/2016
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court order denying petition to set aside a conviction and set for trial is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (6).

Hickey v. State 2016 ND 177
Docket No.: 20160109
Filing Date: 9/15/2016
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

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