Opinions

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.

City of Napoleon v. Kuhn 2015 ND 75
Docket No.: 20140134
Filing Date: 3/24/2015
Case Type: Appeal - Criminal - Violation of City Ordinance
Author: Sandstrom, Dale

Highlight: In reviewing the sufficiency of the evidence to convict, an appellate court looks only to the evidence most favorable to the verdict and the reasonable inferences therefrom to see whether there is substantial evidence to warrant a conviction.
Appellate review of a criminal sentence is generally confined to whether the district court acted within the sentencing limits prescribed by statute, or substantially relied upon an impermissible factor.

State, et al. v. Lavallie 2015 ND 74
Docket No.: 20140328
Filing Date: 3/24/2015
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: A child support order issued by another state, not challenged within 20 days of being registered for enforcement in this state, is confirmed by operation of law.

Jordet v. Jordet (cross-ref w/20120185) 2015 ND 73
Docket No.: 20140232
Filing Date: 3/24/2015
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: The appealability of an order will be considered even if neither party raises the issue on appeal.
An interlocutory order is not a final, appealable order, and an appeal from an interlocutory order will generally be dismissed.

State v. Dahl 2015 ND 72
Docket No.: 20140216
Filing Date: 3/24/2015
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Sandstrom, Dale

Highlight: Probable cause to support the issuance of a search warrant for a defendant's luggage is reviewed under the "totality of the circumstances."
Probable cause to search exists if the facts and circumstances relied on by a magistrate would warrant a person of reasonable caution to believe the contraband or evidence sought probably will be found in the place to be searched.