Opinions

State v. Hornor 2015 ND 145
Docket No.: 20140367
Filing Date: 6/11/2015
Case Type: Appeal - Criminal - Drugs/Contraband
Author: McEvers, Lisa K. Fair

Highlight: A criminal judgment for manufacture of methamphetamine, possession of a controlled substance, possession of amphetamine, and possession of drug paraphernalia is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

State v. Olson 2015 ND 144
Docket No.: 20150034
Filing Date: 6/11/2015
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: A criminal judgment for forgery is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

State v. Smith 2015 ND 143
Docket No.: 20150019
Filing Date: 6/11/2015
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: Criminal judgment for class C felony driving under the influence is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Interest of B.E. (CONFIDENTIAL) 2015 ND 142
Docket No.: 20150146
Filing Date: 6/11/2015
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

Highlight: A district court order for less restrictive treatment of a chemically dependent person is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).

Reciprocal Discipline of Delorme 2015 ND 141
Docket No.: 20150016
Filing Date: 6/10/2015
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer reprimanded.

Peterbilt of Fargo, Inc. v. Red River Trucking, LLC, et al. 2015 ND 140
Docket No.: 20140243
Filing Date: 6/1/2015
Case Type: Appeal - Civil - Debtor/Creditor
Author: Sandstrom, Dale

Highlight: The full time for appeal runs from service of notice of entry of an order disposing of a timely motion to amend a judgment.
A failure to obtain a stay pending appeal of a court-authorized conveyance of property to third persons moots issues raised on appeal about the conveyance.
A person injured by wrongful acts of another has a duty to mitigate damages if the person can do so with reasonable exertion or at a trifling expense, and can recover only damages that could not have been avoided with reasonable effort.

Golberg v. N.D. Dep't of Transportation 2015 ND 139
Docket No.: 20140299
Filing Date: 6/1/2015
Case Type: Appeal - Administrative - Department of Transportation
Author: McEvers, Lisa K. Fair

Highlight: An affidavit completed by the person who performed the blood analysis may establish the approved method was used.

Chambering of Four New District Judgeships 2015 ND 138
Docket No.: 20150141
Filing Date: 6/2/2015
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Four new judgeships chambered.

Roberts v. N.D. Dep't of Transportation 2015 ND 137
Docket No.: 20140433
Filing Date: 5/27/2015
Case Type: Appeal - Administrative - Department of Transportation
Author: Crothers, Daniel John

Highlight: Taking the onsite screening test does not preclude revocation of a driver's license for refusal of a chemical blood test.

Ward Farms, et al. v. Enerbase Cooperative Resource, et al. 2015 ND 136
Docket No.: 20140104
Filing Date: 5/27/2015
Case Type: Appeal - Civil - Other
Author: Kapsner, Carol

Highlight: Fraud must be proven by clear and convincing evidence.
Statements of opinion, sales talk, or puffery do not constitute fraud.