Opinions

Comes v. State 2014 ND 141
Docket No.: 20140068
Filing Date: 7/14/2014
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Summary disposition of application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6).

State v. Towry 2014 ND 140
Docket No.: 20130423
Filing Date: 7/14/2014
Case Type: Appeal - Criminal - Assault
Author: Per Curiam

Highlight: Criminal judgment for aggravated assault is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Reciprocal Discipline of Wynne 2014 ND 139
Docket No.: 20140227
Filing Date: 7/14/2014
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer reprimanded.

Hering v. WSI, et al. 2014 ND 138
Docket No.: 20140030
Filing Date: 7/14/2014
Case Type: Appeal - Administrative - Workers Compensation
Author: Per Curiam

Highlight: A district court judgment affirming an administrative law judge's order, which affirmed WSI's order denying benefits to a claimant, is summarily affirmed under N.D.R.App.P. 35.1(a)(5).

Hann v. Disciplinary Board 2014 ND 137
Docket No.: 20140171
Filing Date: 7/2/2014
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer reinstated.

State v. Cook 2014 ND 136
Docket No.: 20140040
Filing Date: 6/27/2014
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Crothers, Daniel John

Highlight: An appellant assumes the consequences and the risk for the failure to file a complete transcript. If the record on appeal does not allow for a meaningful and intelligent review of alleged error, the issue will not be reviewed.
When an appellant fails to comply with the rules of appellate procedure so that meaningful review of his issues is impossible, the appeal may be dismissed.

Matter of Emelia Hirsch Trust 2014 ND 135
Docket No.: 20130365
Filing Date: 6/26/2014
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Kapsner, Carol

Highlight: A district court has discretion to determine claims are frivolous and order payment of attorney's fees.
An appeal is frivolous if it is flagrantly groundless, devoid of merit, or demonstrates persistence in the course of litigation evidencing bad faith.

State v. Rogers 2014 ND 134
Docket No.: 20130357
Filing Date: 6/24/2014
Case Type: Appeal - Criminal - Homicide
Author: VandeWalle, Gerald

Highlight: Whether a suspect is in custody, and therefore entitled to Miranda warnings, is a mixed question of fact and law which is fully reviewable on appeal.
Law enforcement is required to give Miranda warnings only when a person is subject to custodial interrogation.
A suspect is not in police custody simply because he or she is under a medical hold and does not have the ability to leave the hospital.

Lund v. Lund, et al. (cross reference with 20120210) 2014 ND 133
Docket No.: 20130373
Filing Date: 6/24/2014
Case Type: Appeal - Civil - Contracts
Author: McEvers, Lisa K. Fair

Highlight: Whether an implied-in-fact contract existed between parties is a question of fact subject to the clearly erroneous rule.
Unjust enrichment is an equitable doctrine based upon a quasi or constructive contract implied by law to prevent a person from being unjustly enriched at the expense of another.

Mairs v. Mairs 2014 ND 132
Docket No.: 20130293
Filing Date: 6/24/2014
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: Any issue regarding whether a prima facie case has been established for modification of primary residential responsibility is moot once an evidentiary hearing is held.
Although a separate finding is not required for each statutory best-interest factor, the court's findings must contain sufficient specificity to show the factual basis for the residential responsibility decision.