Opinions

Poppe v. Stockert, et al. 2015 ND 252
Docket No.: 20140463
Filing Date: 10/13/2015
Case Type: Appeal - Civil - Landlord/Tenant
Author: Crothers, Daniel John

Highlight: A landlord may dispose of a tenant's abandoned personal property under N.D.C.C. 47-16-30.1. The landlord must retain property valued at more than $1,500 for the time required by statute.
The statute create a lien on a tenant's abandoned personal property when there is an eviction judgment and special execution. The lien is a security interest for the reasonable costs of retaining the property for the statutory period.

Gronland v. Gronland (cross-reference w/19940193) 2015 ND 251
Docket No.: 20150108
Filing Date: 10/13/2015
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: Jurisdiction to modify spousal support does not extend beyond the support period, unless the court reserves that jurisdiction.
The Supreme Court may sanction a person failing to abide by the Rules of Appellate Procedure.

Olson v. Levi 2015 ND 250
Docket No.: 20150131
Filing Date: 10/13/2015
Case Type: Appeal - Administrative - Department of Transportation
Author: McEvers, Lisa K. Fair

Highlight: The report and notice form forwarded to the department of transportation must include adequate probable cause information showing the arrestee was in actual physical control of or was driving a vehicle under the influence of alcohol to provide the department authority to suspend driving privileges.

City of Jamestown v. Hanson 2015 ND 249
Docket No.: 20150005
Filing Date: 10/13/2015
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Kapsner, Carol

Highlight: Testimony regarding blood-alcohol testing procedures may be admitted into evidence without satisfying the statutory requirements for admission of blood-alcohol test results.

Tidd v. Kroshus 2015 ND 248
Docket No.: 20140426
Filing Date: 10/13/2015
Case Type: Appeal - Civil - Personal Injury
Author: Crothers, Daniel John

Highlight: Jury instructions on issues not supported by the evidence are erroneous but arereversible error only when they are prejudicial or mislead the jury.
Every unexpected occurrence is not a sudden emergency, and whether a sudden emergency exists is a question for the jury unless a reasonable person could draw only one conclusion from the evidence.

Guardianship/Conservatorship of V.A.M. 2015 ND 247
Docket No.: 20150043
Filing Date: 10/13/2015
Case Type: Appeal - Civil - Guardian/Conservator
Author: Kapsner, Carol

Highlight: A district court's decision cannot be properly reviewed on appeal if the appellate court is unable to understand the rationale underlying the district court's decision.

Interest of W.M. (Confidential) 2015 ND 246
Docket No.: 20150257
Filing Date: 10/13/2015
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

Highlight: District court order finding W.M. mentally ill and in need of treatment with medication summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Interest of B.K. (CONFIDENTIAL) 2015 ND 245
Docket No.: 20150260
Filing Date: 10/13/2015
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

Highlight: Mental health commitment for up to 90 days is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Dubray v. State 2015 ND 244
Docket No.: 20140428
Filing Date: 10/13/2015
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).

Matter of Bartole (cross-ref w/ 20110243) 2015 ND 243
Docket No.: 20150134
Filing Date: 10/13/2015
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: McEvers, Lisa K. Fair

Highlight: A district court order for continued commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).