Opinions

Estate of Wicklund (cross-reference w/20110081) 2014 ND 64
Docket No.: 20130181
Filing Date: 4/3/2014
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Sandstrom, Dale

Highlight: A personal representative may be reimbursed for payment of a decedent's funeral and last illness expenses.
A personal representative may be entitled to attorney fees and expenses incurred in making claims to effectuate a testator's intent.

Interest of Hoff (cross-ref. w/20120248 & 20130216) 2014 ND 63
Docket No.: 20130323
Filing Date: 4/3/2014
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Crothers, Daniel John

Highlight: The district court must make findings on each element of the sexually dangerous individual analysis, including the consideration of whether an individual has difficulty controlling his behavior.

Disciplinary Board v. Overboe (Consol. w/ 20130304-20130306) 2014 ND 62
Docket No.: 20130303
Filing Date: 4/3/2014
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: A long delay between a petition for discipline and the disciplinary hearing must destroy the fundamental fairness of the entire disciplinary process to warrant dismissal of the disciplinary case.
In disciplinary proceedings, an attorney must present sufficient evidence establishing an inability to assist in his defense owing to mental or physical incapacity to be transferred to disability inactive status.

Anderson v. Lyons, et al. 2014 ND 61
Docket No.: 20130284
Filing Date: 4/3/2014
Case Type: Appeal - Civil - Landlord/Tenant
Author: VandeWalle, Gerald

Highlight: Service of notice of entry of judgment is not required to begin the time for filing a post-judgment motion or appeal if the record clearly evidences actual knowledge of entry of judgment through affirmative action of the moving or appealing party.
No lease or grant of agricultural land reserving any rent or service of any kind for a period longer than ten years is valid.
A lease of agricultural land in perpetuity with contingencies that may terminate the lease within ten years is not invalid.

Risovi v. Job Service 2014 ND 60
Docket No.: 20130302
Filing Date: 4/3/2014
Case Type: Appeal - Administrative - Unemployment/Job Service
Author: McEvers, Lisa K. Fair

Highlight: A fact finder's conclusions that false statements were made for the purpose of obtaining unemployment benefits are affirmed if a reasoning mind could have determined that the factual conclusions were proved by the weight of the evidence.

State v. Johnson (cross ref. w/20130137 - briefs not published) 2014 ND 59
Docket No.: 20130336
Filing Date: 4/3/2014
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Criminal judgment entered after a defendant conditionally pled guilty to possession of drug paraphernalia is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

State v. Silva 2014 ND 58
Docket No.: 20130266
Filing Date: 4/3/2014
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Convictions of gross sexual imposition and continuous sexual abuse of a child are summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Holkesvig v. Grove (cross reference w/ 20120169 & 20120225) 2014 ND 57
Docket No.: 20130176
Filing Date: 4/3/2014
Case Type: Appeal - Civil - Other
Author: Kapsner, Carol

Highlight: Res judicata and collateral estoppel bar courts from relitigating claims and issues.
Although a district court is generally divested of jurisdiction over a case when a notice of appeal is filed, the court retains jurisdiction over certain collateral matters, including the court's inherent authority or power to control its docket.

Regan v. Lervold 2014 ND 56
Docket No.: 20130200
Filing Date: 4/3/2014
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: The party moving for modification of primary residential responsibility has the burden of proving a material change in circumstances has occurred.
A material change in circumstances is an important new fact not known at the time of the prior custody decree, but not every change will be sufficient to warrant a change of custody.

Vacancy in Judgeship No. 8, SCJD 2014 ND 55
Docket No.: 20140108
Filing Date: 3/31/2014
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Supreme Court takes judicial notice of prior proceeding and orders judgeship retained and filled according to law.