Opinions

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).

Meyer, et al. v. Engebretson, et al. 2015 ND 242
Docket No.: 20150170
Filing Date: 10/13/2015
Case Type: Appeal - Civil - Real Property
Author: Per Curiam

Highlight: Summary judgment deciding ownership of mineral interests is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7).

Kitzan v. State 2015 ND 241
Docket No.: 20150045
Filing Date: 10/13/2015
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).

State v. Berg 2015 ND 240
Docket No.: 20150076
Filing Date: 10/13/2015
Case Type: Appeal - Criminal - Other
Author: Per Curiam

Highlight: District court order for revocation of probation and amended criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).

Wedemeyer v. State 2015 ND 239
Docket No.: 20150021
Filing Date: 10/13/2015
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)(2).

Border Resources, LLC v. Irish Oil & Gas, Inc., et al. 2015 ND 238
Docket No.: 20140264
Filing Date: 9/21/2015
Case Type: Appeal - Civil - Contracts
Author: McEvers, Lisa K. Fair

Highlight: A fiduciary duty, including a corresponding duty of loyalty and honesty, arises between an oil company and its landman based on a confidential relationship.
The existence and scope of a fiduciary duty depends on the language of the parties' agreement.
A district court has wide discretion in deciding whether to permit amended pleadings after the time for an amendment has passed.

State v. Montplaisir 2015 ND 237
Docket No.: 20140459
Filing Date: 9/17/2015
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: McEvers, Lisa K. Fair

Highlight: An information is sufficient if it sets forth the offense in the words of the statute and is specific enough to provide a defendant with notice of the pending charges to enable the defendant to prepare a defense.
A statute is not unconstitutionally vague if the challenged language, when viewed under a reasonable person standard, gives adequate and fair warning of the prohibited conduct and creates minimum guidelines for those whose duty is to enforce the statute.
A district court's decision at a preliminary hearing that probable cause existed to bind a defendant over for trial is rendered moot once the trial is held, and the defendant may not, on appeal, challenge the decision that probable cause existed.

Klein v. Klein 2015 ND 236
Docket No.: 20140449
Filing Date: 9/17/2015
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: Under the child support guidelines, "self-employment" means employment that results in an obligor earning income from any business organization or entity which the obligor is, to a significant extent, able to directly or indirectly control.
The child support guidelines restrict when a loss from self-employment may be applied to reduce income unrelated to self-employment.
When tax returns are not available or are unreliable, the guidelines require the district court to use profit and loss statements that more accurately reflect the obligor's current self-employment income to properly calculate income.