Opinions

State v. 1986 Collins Fifth Wheel Camper 2015 ND 115
Docket No.: 20140406
Filing Date: 5/27/2015
Case Type: Appeal - Civil - Other
Author: Per Curiam

Highlight: Order granting forfeiture of property is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Disciplinary Board v. Foster 2015 ND 114
Docket No.: 20150143
Filing Date: 5/8/2015
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Interim suspension of lawyer ordered.

Disciplinary Board v. Fahrenholtz (consol w/ 20150081-20150082) 2015 ND 113
Docket No.: 20150080
Filing Date: 5/7/2015
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer disbarred.

Adams v. Adams 2015 ND 112
Docket No.: 20140259
Filing Date: 5/4/2015
Case Type: Appeal - Civil - Divorce - Property
Author: Sandstrom, Dale

Highlight: A district court's valuation of marital property within the range of the evidence presented is not clearly erroneous.
When a distribution of marital property includes periodic cash payments from one spouse to another, a district court has broad authority to provide for the payment of interest to achieve an equitable distribution of the property.

Disciplinary Board v. Carpenter 2015 ND 111
Docket No.: 20140254
Filing Date: 5/1/2015
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: In disciplinary proceedings, the Supreme Court defers to a hearing panel's findings on the credibility of a witness, because the hearing panel has the opportunity to observe the witness's demeanor and hear the witness testify.
A determination whether information disclosed by a "potential client" is "significantly harmful" is fact-sensitive.

Estate of Johnson 2015 ND 110
Docket No.: 20140173
Filing Date: 5/1/2015
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Crothers, Daniel John

Highlight: A personal representative has a right to take possession of the decedent's property for purposes of administration, and a personal representative's decision to take possession of estate property is conclusive against the heirs and devisees.
A personal representative, acting reasonably for the benefit of the interested persons, may lease or sell an estate's real property.

Carnes v. Snider 2015 ND 109
Docket No.: 20140345
Filing Date: 5/1/2015
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: A primary residential responsibility determination is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

State v. Blackcloud 2015 ND 108
Docket No.: 20140229
Filing Date: 4/29/2015
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Conviction of gross sexual imposition is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

State v. Baxter 2015 ND 107
Docket No.: 20140325
Filing Date: 4/28/2015
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: The implied consent laws criminalizing refusal to submit to onsite screening or chemical tests do not violate the Fourth Amendment and its state counterpart, the unconstitutional conditions doctrine, or the due process clause.

State v. Gonzalez (cross-ref. w/20110051) 2015 ND 106
Docket No.: 20140213
Filing Date: 4/28/2015
Case Type: Appeal - Criminal - Sexual Offense
Author: Sandstrom, Dale

Highlight: A valid probationary search is an exception to the warrant requirement under the Fourth Amendment.
A probationary search authorized by a condition of probation and supported by reasonable suspicion is a valid probationary search.
The district court is not required to explicitly list every item that may be searched in a search condition of a probation order.
A warrant is not required to search a probationer's cell phone if the search is a valid probationary search.