Opinions

Greywind v. State 2015 ND 231
Docket No.: 20150070
Filing Date: 9/17/2015
Case Type: Appeal - Civil - Post-Conviction Relief
Author: VandeWalle, Gerald

Highlight: A district court summarily dismissing a post-conviction relief application under N.D.C.C. 29-32.1-09(1) must rely on information found solely within the application.
A party opposing the motion for summary judgment is entitled to all reasonable inferences at the preliminary stages of a post-conviction proceeding and entitled to present supporting material justifying an evidentiary hearing.

State v. Morales 2015 ND 230
Docket No.: 20140407
Filing Date: 9/17/2015
Case Type: Appeal - Criminal - Misc. Felony
Author: Sandstrom, Dale

Highlight: A warrantless blood-alcohol test is unreasonable unless it falls within a recognized exception to the warrant requirement.
A warrantless blood-alcohol test may be justified under the exigent circumstance exception to the warrant requirement.

Grigg v. Grigg 2015 ND 229
Docket No.: 20140403
Filing Date: 9/17/2015
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: Unless the opposing party's counter-affidavits conclusively establish the movant's allegations have no credibility, the district court must accept the truth of the moving party's allegations.

Keller v. State 2015 ND 228
Docket No.: 20140438
Filing Date: 9/17/2015
Case Type: Appeal - Civil - Post-Conviction Relief
Author: McEvers, Lisa K. Fair

Highlight: A motion to correct an illegal sentence cannot be used to attack the underlying conviction.
To show the new interpretation of law exception to the post-conviction relief two-year statute of limitations applies, the petitioner must establish (1) a new interpretation of state or federal constitutional or statutory law applies to the petitioner's case, and (2) the interpretation is retroactively applicable.
A defendant is not convicted of the incognizable offense of attempt to commit extreme indifference murder where the information alleges only intentional conduct and the jury instructions reflect intentional language of attempting to cause death.

State v. Korynta 2015 ND 227
Docket No.: 20150077
Filing Date: 9/17/2015
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: Conviction for driving under the influence of alcohol is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Interest of E.V. (Confidential) 2015 ND 226
Docket No.: 20150078
Filing Date: 9/17/2015
Case Type: Appeal - Civil - Juvenile Law
Author: Per Curiam

Highlight: District court judgment finding a child is deprived is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Holverson v. Lundberg 2015 ND 225
Docket No.: 20140347
Filing Date: 9/4/2015
Case Type: Appeal - Civil - Real Property
Author: Crothers, Daniel John

Highlight: There is not jurisdiction to hear appeal from a judgment where unadjudicated claim has not been decided by district court.

Vacancy in Judgeship No. 1, Southwest Judicial District 2015 ND 224
Docket No.: 20150225
Filing Date: 9/1/2015
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judgeship retained at Dickinson.

State v. New Holland 2015 ND 223
Docket No.: 20140409
Filing Date: 8/31/2015
Case Type: Appeal - Criminal - Contempt of Court
Author: Sandstrom, Dale

Highlight: A person seeking compensatory remedial contempt sanctions against the state or a state employee must comply with the statutory requirements for claims against the state.

Disciplinary Board v. Matson (consolidated w/ 20150220-20150221) 2015 ND 222
Docket No.: 20150219
Filing Date: 8/31/2015
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer suspension ordered.