Opinions

State v. Chatman 2015 ND 296
Docket No.: 20150037
Filing Date: 12/22/2015
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Sandstrom, Dale

Highlight: Illegally obtained evidence cannot be used to establish probable cause to issue a search warrant, but a court is not required to suppress evidence obtained as a result of the search warrant if there was sufficient legal evidence presented to the issuing magistrate to establish probable cause.
Anticipatory search warrants do not delegate the issuing magistrate's power to law enforcement.

Interest of Thill (cross-reference w/ 20130291) 2015 ND 295
Docket No.: 20150147
Filing Date: 12/22/2015
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Crothers, Daniel John

Highlight: A district court must make specific findings of fact supporting its determination that a defendant remains a sexually dangerous individual. Generally referencing medical reports without explaining which facts it considered in its determination is not sufficient.

Butterfield v. Levi 2015 ND 294
Docket No.: 20150249
Filing Date: 12/22/2015
Case Type: Appeal - Administrative - Department of Transportation
Author: VandeWalle, Gerald

Highlight: A district court judgment affirming a Department of Transportation decision revoking driving privileges is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Interest of A.C. (CONFIDENTIAL)(Consolidated w/20150318) 2015 ND 293
Docket No.: 20150317
Filing Date: 12/22/2015
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

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

Musick v. Levi 2015 ND 292
Docket No.: 20150252
Filing Date: 12/22/2015
Case Type: Appeal - Administrative - Department of Transportation
Author: Per Curiam

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

Jodoin v. Levi 2015 ND 291
Docket No.: 20150185
Filing Date: 12/22/2015
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).

Johnson v. State 2015 ND 290
Docket No.: 20150209
Filing Date: 12/22/2015
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

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

Disciplinary Board v. Ward 2015 ND 289
Docket No.: 20150309
Filing Date: 12/11/2015
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer reprimanded.

Disciplinary Board v. Varriano 2015 ND 288
Docket No.: 20150342
Filing Date: 4/10/2018
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer reinstatement ordered.

Fleck, et al. v. Missouri River Royalty Corp., et al. 2015 ND 287
Docket No.: 20150106
Filing Date: 12/7/2015
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Crothers, Daniel John

Highlight: The term "production" as used in a "so long thereafter" clause and any related savings clause extending an oil and gas lease generally will be interpreted to mean "production in paying quantities."
To determine whether a well is producing in paying quantities, a court must consider whether the well has yielded a profit over the operating costs over a reasonable period of time and whether a reasonably prudent operator would continue to operate a well in the manner in which the well was operated under all of the relevant circumstances.