Opinions

Olsen v. State 2014 ND 173
Docket No.: 20140009
Filing Date: 8/28/2014
Case Type: Appeal - Civil - Post-Conviction Relief
Author: VandeWalle, Gerald

Highlight: When the law is unsettled, the failure to raise an issue is objectively reasonable and therefore not deficient performance for purposes of an ineffective assistance of counsel claim.

Interest of T.R.C. (CONFIDENTIAL) 2014 ND 172
Docket No.: 20140206
Filing Date: 8/28/2014
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: McEvers, Lisa K. Fair

Highlight: An appellate court cannot properly review a decision if the trial court does not provide an adequate explanation of the basis for its decision.

Rath v. Rath (cross-ref. w/20130025, 20130184 & 20130327) 2014 ND 171
Docket No.: 20140012
Filing Date: 8/28/2014
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: A district court's decision on whether a contempt has been committed and remedial sanctions are warranted lies within its sound discretion, which will not be overturned on appeal unless there is a clear abuse of discretion.
Due process requires a party receive adequate notice and a fair opportunity to be heard. A fair hearing requires reasonable notice or opportunity to know of the claims of opposing parties, and the opportunity to rebut those claims.

Krueger v. Grand Forks County 2014 ND 170
Docket No.: 20130372
Filing Date: 8/28/2014
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Sandstrom, Dale

Highlight: When parties move to compel discovery, they are required to include certification that they have in good faith conferred or attempted to confer with the person or party failing to make discovery in an effort to obtain it without court action.
A party has a duty to supplement its responses to interrogatories if the response is incomplete or incorrect, and supplemental responses must be made within a reasonable time before trial.

S.L.W. v. Huss 2014 ND 169
Docket No.: 20130425
Filing Date: 8/28/2014
Case Type: Appeal - Civil - Other
Author: VandeWalle, Gerald

Highlight: Under the hearsay exception for a child's statement about sexual abuse, if a child is unavailable as a witness there must be "corroborative evidence of the act which is the subject of the statement," in addition to guarantees of trustworthiness, for the statement to be admissible in a civil proceeding.

Disciplinary Board v. Kellington (Consolidated w/ 20140081) 2014 ND 168
Docket No.: 20140080
Filing Date: 8/28/2014
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: After misconduct has been established, a hearing panel may, but is not required to consider mitigating factors when deciding what sanction to impose on a lawyer.
To revoke a lawyer's probation which has been implemented in a prior disciplinary proceeding, the violation must be proven by a preponderance of the evidence.

Interest of C.S.K. (Confidential) (consolidated w/ 20140234, 20140235) 2014 ND 167
Docket No.: 20140205
Filing Date: 8/6/2014
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Crothers, Daniel John

Highlight: A district court judgment terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Klein (cross-referenced w/20000285 & 20130139) 2014 ND 166
Docket No.: 20140001
Filing Date: 7/31/2014
Case Type: Appeal - Criminal - Sexual Offense
Author: VandeWalle, Gerald

Highlight: A sentencing court may correct an illegal sentence at any time.
A sentence is illegal when it exceeds the maximum term authorized by statute.
A sentencing court has continuing power to modify the conditions of probation.

State v. Stewart 2014 ND 165
Docket No.: 20130374
Filing Date: 7/31/2014
Case Type: Appeal - Criminal - Misc. Felony
Author: Sandstrom, Dale

Highlight: The exigent circumstances or emergency exception to the warrant requirement is satisfied only if the police have reasonable grounds to believe there is an emergency at hand and an immediate need for their assistance for the protection of life or property.
The inevitable discovery doctrine does not apply when the warrant requirement is simply bypassed without exigent circumstances.

State v. Yarbro 2014 ND 164
Docket No.: 20130311
Filing Date: 7/31/2014
Case Type: Appeal - Criminal - Sexual Offense
Author: Sandstrom, Dale

Highlight: After the denial of a pretrial motion to exclude evidence, the party must renew the objection to the admission of the evidence at trial, and the failure to object at trial is a waiver.
When a defendant moves for a new trial, the defendant is limited on appeal to the grounds presented in the district court in the motion for a new trial.
A juror may not testify about statements occurring during the course of a jury's deliberations, but may testify regarding the receipt of extraneous prejudicial information by the jury or improper outside influence.