Opinions

State v. Webster 2013 ND 119
Docket No.: 20130021
Filing Date: 7/18/2013
Case Type: Appeal - Criminal - Sexual Offense
Author: Kapsner, Carol

Highlight: A Miranda warning that fails to inform a defendant his statements may be used against him in a court of law renders the warning deficient.
A defendant's waiver of his Miranda rights is made knowingly and intelligently if he has a full awareness of both the nature of the right being abandoned and the consequences of the decision to abandon it.
The totality of the circumstances is considered when determining whether a Miranda waiver is made voluntarily, knowingly, and intelligently.

Davenport v. WSI 2013 ND 118
Docket No.: 20120449
Filing Date: 7/18/2013
Case Type: Appeal - Administrative - Workers Compensation
Author: Crothers, Daniel John

Highlight: For a mental or psychological condition to be a compensable injury, the claimant must show the physical injury was at least 50 percent of the cause of the condition as compared to all other contributing causes combined.
Unless a claimant's employment substantially accelerates the progression of, or substantially worsens the severity of, a preexisting injury, disease, or other condition, it is not a compensable injury when the claimant's employment merely acts to trigger symptoms in the preexisting injury, disease, or other condition.

Alliance Pipeline L.P. v. Smith, et al. 2013 ND 117
Docket No.: 20120367
Filing Date: 7/18/2013
Case Type: Appeal - Civil - Real Property
Author: Kapsner, Carol

Highlight: A proceeding for a court order permitting entry on land for examinations and surveys is preliminary to a condemnation proceeding.
A party may waive issues about personal jurisdiction, but subject-matter jurisdiction may not be waived.

Rebel v. Rebel 2013 ND 116
Docket No.: 20120280
Filing Date: 7/18/2013
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: A district court must make an equitable distribution of the property and debts of the parties, and a substantial disparity must be adequately explained.
When distributing marital property, a district court must either discount future cash payments to present value or add interest to the payments.
When a party receives property that is clearly worth less than the value ascribed to it by the district court, this Court cannot determine whether the resulting property distribution is equitable.
A court's decision whether to award past child support is discretionary and will not be overturned unless the court abuses its discretion.
Although a court must provide an adequate explanation for not awarding past child support, a district court's child support award will not be reversed if the basis for the court's decision is ascertainable in the record.

State v. Carpenter (cross-reference 20100085 & 20110283) 2013 ND 115
Docket No.: 20130014
Filing Date: 7/18/2013
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Varnson 2013 ND 114
Docket No.: 20130041
Filing Date: 7/18/2013
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: Criminal judgment after a defendant conditionally pled guilty to driving under the influence is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (3).

State v. Hamilton 2013 ND 113
Docket No.: 20120375
Filing Date: 7/18/2013
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Criminal judgment for continuous sexual abuse of a child is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Tweten v. COUNTRY Preferred Insurance Company, et al. 2013 ND 112
Docket No.: 20120306
Filing Date: 7/17/2013
Case Type: Certified Question - Civil - Civil
Author: Crothers, Daniel John

Highlight: Recovery of underinsured motorist benefits arising from a wrongful death claim depends on the decedent's status as an insured under an applicable policy.
The statutory anti-stacking provisions of N.D.C.C. ch. 26.1-40 prevent divorced parents of a minor son killed in an underinsured motor vehicle accident from recovering the full amount of underinsured motorist benefits from their respective policies.

Disciplinary Board v. McIntee (Consolidated w/ 20130120) 2013 ND 111
Docket No.: 20130119
Filing Date: 6/25/2013
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer reprimanded.

SolarBee, Inc. v. Walker, et al. 2013 ND 110
Docket No.: 20120125
Filing Date: 6/24/2013
Case Type: Appeal - Civil - Employer/Employee Dispute
Author: Sandstrom, Dale

Highlight: Consent to try an unpleaded issue cannot be inferred from the lack of objection to evidence on one pleaded.
Amendment by implication is limited to situations in which the novelty of the issues sought to be raised is reasonably apparent and the intent to try these issues is clearly indicated by failure to object or otherwise.
A breach of contract requires (1) the existence of a contract, (2) a breach of the contract, and (3) damages which flow from the breach.
Evidentiary imprecision regarding the amount of damages does not preclude recovery. The uncertainty which prevents recovery is the uncertainty of the fact of damages, not the uncertainty of the amount.