Opinions

Rodriguez v. N.D. State Penitentiary, et al. 2014 ND 49
Docket No.: 20130335
Filing Date: 3/11/2014
Case Type: Original Proceeding - Civil - Writ of Mandamus
Author: McEvers, Lisa K. Fair

Highlight: An appeal regarding calculation of eligibility for parole becomes moot when the defendant becomes eligible for parole.

Potratz v. N.D. Dep't of Transportation 2014 ND 48
Docket No.: 20130322
Filing Date: 3/11/2014
Case Type: Appeal - Administrative - Department of Transportation
Author: McEvers, Lisa K. Fair

Highlight: Repeating the inclusion of the date within the test result portion of an officer's certified report to the Department is not necessary to satisfy the statute.
Inclusion of the percent symbol and BRAC after the numerical test result within the test result portion of a deputy's certified report to the Department does not disqualify an otherwise valid test result that satisfies the statute.
Once an analytical report is accepted by the administrative hearing officer, the burden shifts to the defendant to rebut the prima facie fairness and accuracy of the analytical report.

Fossum v. N.D. Dep't of Transportation 2014 ND 47
Docket No.: 20130310
Filing Date: 3/11/2014
Case Type: Appeal - Administrative - Department of Transportation
Author: Sandstrom, Dale

Highlight: When a person voluntarily consents to to testing, it is unnecessary to arrest and inform an individual of the reasons for arrest prior to chemical testing under the implied consent.

State v. Vandermeer 2014 ND 46
Docket No.: 20130265
Filing Date: 3/11/2014
Case Type: Appeal - Criminal - Sexual Offense
Author: VandeWalle, Gerald

Highlight: As an exception to the hearsay rule, a person may testify as to his or her age and date of birth.
When the criminality of conduct depends on a child's being below the age of fifteen, it is no defense that the actor did not know the child's age, or reasonably believed the child to be older than the age of fourteen.

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.