Opinions

Vandal v. Leno 2014 ND 45
Docket No.: 20130301
Filing Date: 3/11/2014
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: In deciding a primary residential responsibility, the district court must consider all the best interest of the child factors. A separate finding for each factor is not required, but the findings must be sufficiently specific to show the factual basis for the decision.
The district court has broad discretion in permitting, or refusing to permit, a party to reopen a case to introducie additional proof after that party has rested.

Disciplinary Board v. Howe 2014 ND 44
Docket No.: 20130299
Filing Date: 3/11/2014
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: The Supreme Court may exercise jurisdiction over disciplinary matters arising from federal immigration proceedings involving a North Dakota lawyer.

State v. Benson 2014 ND 43
Docket No.: 20130179
Filing Date: 3/11/2014
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Conviction of continuous sexual abuse of a child is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4).

Coppage v. State (cross reference w/20070304, 20110076, & 20120267) 2014 ND 42
Docket No.: 20130180
Filing Date: 3/11/2014
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Sandstrom, Dale

Highlight: Attempted murder under circumstances manifesting an extreme indifference to the value of human life is not a cognizable offense.
Obvious error may be noticed by the Court on its own motion.
Ineffective assistance of counsel is a mixed question of fact and law, which is fully reviewable on appeal.

Osier v. State 2014 ND 41
Docket No.: 20130226
Filing Date: 3/11/2014
Case Type: Appeal - Civil - Post-Conviction Relief
Author: VandeWalle, Gerald

Highlight: To meet the prejudice prong of the Strickland ineffective assistance of counsel test, the defendant bears the heavy burden of establishing a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different.

Peterson, et al. v. Jasmanka, et al. 2014 ND 40
Docket No.: 20130162
Filing Date: 2/21/2014
Case Type: Appeal - Civil - Real Property
Author: Sandstrom, Dale

Highlight: The statutory procedure in N.D.C.C. ch. 38-18.1 allowing a surface owner to acquire abandoned minerals is a separate, distinct procedure from a subsequent quiet title action.
An alleged error in service of the notice of lapse of mineral interest upon the owner of record under N.D.C.C. 38-18.1-06(2) does not deprive the district court of personal jurisdiction in a subsequent quiet title action.
The one-year time to bring a motion for relief from judgment under N.D.R.Civ.P. 60(b)(1), (2), or (3) begins to run from the notice of entry of judgment if the opposing party appeared, but runs from the date of entry of a default judgment.

Nodak Mutual Insurance Co. v. Bahr-Renner, et al. 2014 ND 39
Docket No.: 20130091
Filing Date: 2/20/2014
Case Type: Appeal - Civil - Personal Injury
Author: Sandstrom, Dale

Highlight: The phrase "resident of your household" in an automobile insurance policy is not ambiguous, and the determination of whether a person falls within the meaning of the phrase is a question of fact.
A restrictive endorsement to an automobile insurance policy containing a step-down provision is not required to be a written agreement.
Step-down provisions that limit coverage to the statutory minimum, without stating the dollar amount of coverage, are valid.

Zavadil, et al. v. Rud, et al. 2014 ND 38
Docket No.: 20130182
Filing Date: 2/18/2014
Case Type: Appeal - Civil - Debtor/Creditor
Author: Crothers, Daniel John

Highlight: An accommodation party is obliged to pay an instrument in the capacity in which the accommodation party signs.

Balvitsch, et al. v. Dakota Burger N Fries Corp., et al. 2014 ND 37
Docket No.: 20130202
Filing Date: 2/18/2014
Case Type: Appeal - Civil - Other
Author: Kapsner, Carol

Highlight: Due process requires a contemnor receive notice and a fair hearing when the alleged contempt involves conduct outside the court's presence.
To meet due process requirements, notice must apprise the contemnor of the pendency of the action and afford an opportunity to present objections.

Tweed v. State 2014 ND 36
Docket No.: 20130246
Filing Date: 2/14/2014
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Appeal from denial of application for post-conviction relief summarily affirmed under N.D.R.App.P. 35.1(a)(2).