Opinions

State v. Gackle 2015 ND 271
Docket No.: 20150090
Filing Date: 12/1/2015
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Kapsner, Carol

Highlight: Section 39-20-07, N.D.C.C., is not the only method for offering blood test results into evidence. Blood test results may also be admitted under normal evidentiary rules.

Weigel v. Weigel 2015 ND 270
Docket No.: 20140412
Filing Date: 12/1/2015
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: In a divorce proceeding, a district court's valuation and distribution of marital property will not be reversed on appeal unless clearly erroneous.
Due process requires notice and a meaningful opportunity for a hearing appropriate to the nature of the case.

Anderson v. Baker, et al. 2015 ND 269
Docket No.: 20150049
Filing Date: 12/1/2015
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Johnson, et al. v. Buskohl Construction, Inc., et al. 2015 ND 268
Docket No.: 20150006
Filing Date: 12/1/2015
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: McEvers, Lisa K. Fair

Highlight: If a district court does not make detailed findings when admitting evidence under the residual exception to hearsay, an appellate court may review the record to determine whether the prerequisites to admissibility have been met.
The most important requirement to admit evidence under the residual exception to hearsay is that it possess circumstantial guarantees of trustworthiness equivalent to the next closest hearsay exception.
A party seeking to admit evidence under the residual exception to hearsay must give advance notice of its intent to use the evidence, including providing the name and address of the declarant to the opposing party, before trial.

Guardianship and Conservatorship of M.E. (Confidential) 2015 ND 267
Docket No.: 20150117
Filing Date: 12/1/2015
Case Type: Appeal - Civil - Guardian/Conservator
Author: Kapsner, Carol

Highlight: Substantial compliance with the statute for the appointment of a guardian and conservator is required.
Deprivation of a protected person's rights to vote, to seek to change marital status, to obtain or retain a motor vehicle operator's license, or to testify in any judicial or administrative proceedings must be supported by specific findings.

State v. Moreno 2015 ND 266
Docket No.: 20150158
Filing Date: 12/1/2015
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: Criminal judgment for refusal to submit to chemical testing is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7).

Murray v. State 2015 ND 265
Docket No.: 20150124
Filing Date: 12/1/2015
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Order dismissing application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7).

Wheeler v. State (consolidated w/20150114 & 20150115) 2015 ND 264
Docket No.: 20150113
Filing Date: 12/1/2015
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)(7) and Lehman v. State, 2014 ND 103, 847 N.W.2d 119.
Order prohibiting filing any further motions or pleadings is modified.

State v. Birnbaum 2015 ND 263
Docket No.: 20150064
Filing Date: 12/1/2015
Case Type: Appeal - Criminal - Assault
Author: Per Curiam

Highlight: A criminal judgment for assault, violation of an order prohibiting contact, theft of property, and failure to halt is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

State v. Busby 2015 ND 262
Docket No.: 20150173
Filing Date: 12/1/2015
Case Type: Appeal - Criminal - Assault
Author: Per Curiam

Highlight: Criminal judgment for assault summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7). State v. Chisholm, 2012 ND 147,  16, 818 N.W.2d 707.