Opinions

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.

Inwards v. WSI 2014 ND 163
Docket No.: 20140015
Filing Date: 7/31/2014
Case Type: Appeal - Administrative - Workers Compensation
Author: Kapsner, Carol

Highlight: On a showing of good cause, a court may grant appropriate relief if electronic filing or electronic service was not completed due to technical problems.
Generally, the decision of an administrative agency, as to a matter within its power, is operative during the disposition of proceedings until stayed, reversed or suspended, even if that order is erroneously or improvidently granted.

State v. Gatlin 2014 ND 162
Docket No.: 20140083
Filing Date: 7/31/2014
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Kapsner, Carol

Highlight: A house guest who is not present and does not flatly refuse a search at the time another individual with actual or apparent authority consents loses out on his opportunity to exclude evidence gathered in a search of the area in which the guest had a reasonable expectation of privacy.
Apparent authority exists where a person of reasonable caution would believe, on the basis of the facts available to the officer at the time of consent, that the consenting party had authority over the place or thing to be searched.

Haynes v. Dep't of Transportation 2014 ND 161
Docket No.: 20140047
Filing Date: 7/31/2014
Case Type: Appeal - Administrative - Department of Transportation
Author: McEvers, Lisa K. Fair

Highlight: The license of a person licensed in another state may still be revoked for refusing to submit to BAC testing if there is a delay in issuing the temporary operator's permit and the person is not prejudiced by the delay.
Personal service is not required for issuance of a temporary operator's permit.
The issuance of a temporary operator's permit to a person who refused testing is a basic and mandatory requirement of N.D.C.C. 39-20-03.2.

Travelers Cas. Ins. Co. of America, et al. v. Williams Co. Construction, et al. 2014 ND 160
Docket No.: 20140020
Filing Date: 7/31/2014
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Highlight: Jury instructions must correctly and adequately inform the jury of the applicable law and must not mislead or confuse the jury.
A motion for a new trial based on a claim of insufficient evidence is reviewed under the abuse of discretion standard.

State v. Brenny 2014 ND 159
Docket No.: 20140013
Filing Date: 7/31/2014
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: Conviction for driving under the influence of alcohol summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Frank v. N.D. Dep't of Transportation 2014 ND 158
Docket No.: 20140082
Filing Date: 7/17/2014
Case Type: Appeal - Administrative - Department of Transportation
Author: Kapsner, Carol

Highlight: Certain foundational elements must be shown, by some form of evidence, in order to admit an analytical report under N.D.C.C. 39-20-07.
Evidence on the record must show the methods, devices, and individual administering analytical tests were approved by the director of the state crime laboratory or the director's designee.