Opinions

Interest of M.T. (CONFIDENTIAL) 2015 ND 85
Docket No.: 20150089
Filing Date: 4/22/2015
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

Highlight: A district court order for involuntary treatment with medication is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Interest of D.V.A. (CONFIDENTIAL) (cross-ref 20030304, 20080319, 20100091) 2015 ND 84
Docket No.: 20140384
Filing Date: 4/15/2015
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

Highlight: Orders denying request for discharge from civil commitment as a sexually dangerous individual are summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Curtiss v. State 2015 ND 83
Docket No.: 20140365
Filing Date: 4/15/2015
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

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

Interest of Hoff (cross-reference w/ 20120248, 20130216 & 20130323) 2015 ND 82
Docket No.: 20140424
Filing Date: 4/15/2015
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

Highlight: A district court's findings of fact and order denying discharge and order for continued commitment are summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Keller v. N.D. Dep't of Transportation 2015 ND 81
Docket No.: 20140341
Filing Date: 4/9/2015
Case Type: Appeal - Administrative - Department of Transportation
Author: Kapsner, Carol

Highlight: Fair administration of an Intoxilyzer test may be established by proof that the approved method for conducting the test has been scrupulously followed.
When there is a deviation from the approved method that affects the test's scientific accuracy or reliability and there is no expert witness testimony on the effect, the test has not been fairly administered.

State v. Trimble 2015 ND 80
Docket No.: 20140349
Filing Date: 4/8/2015
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Revocation of the defendant's probation is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Pegg v. Kohn, et al. 2015 ND 79
Docket No.: 20140202
Filing Date: 4/2/2015
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: A partnership agreement may be oral.
A party who has substantially performed the duties imposed upon him under a contract may recover for a breach of the contract because substantial performance is sufficient consideration to make the contract binding between the parties.

Ruddell v. State 2015 ND 78
Docket No.: 20140413
Filing Date: 4/1/2015
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).

Service Oil, Inc., et al. v. Gjestvang, et al. 2015 ND 77
Docket No.: 20130366
Filing Date: 3/30/2015
Case Type: Appeal - Civil - Employer/Employee Dispute
Author: Crothers, Daniel John

Highlight: No damages can be recovered for a breach of contract if not clearly ascertainable in both nature and origin.
The gist of conversion is not in acquiring the complainant's property, but in wrongfully depriving him of it, whether temporarily or permanently, and it is of little relevance that the converter received no benefit from such deprivation.
A fraud or deceit which caused no injury cannot be the basis for an action.

Jordet v. Jordet, et al. 2015 ND 76
Docket No.: 20140221
Filing Date: 3/24/2015
Case Type: Appeal - Civil - Other
Author: VandeWalle, Gerald

Highlight: Conversion is the wrongful exercise of dominion or control over property inconsistent with or in defiance of the rights of the owner.
Abuse of process occurs when a person uses a legal process against another primarily to accomplish a purpose for which it is not designed.