Opinions

Estate of Huston 2014 ND 29
Docket No.: 20130126
Filing Date: 2/13/2014
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Crothers, Daniel John

Highlight: An order denying a petition to remove a personal representative in the unsupervised probate of an estate is appealable without a certification under N.D.R.Civ.P. 54(b).
A decision on a petition to remove a personal representative lies within the discretion of the district court.

Interest of R.L.-P. (consolidated w/ 20130383-20130386 & 20130388) 2014 ND 28
Docket No.: 20130382
Filing Date: 2/13/2014
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Sandstrom, Dale

Highlight: Parental rights may be terminated when the children are deprived and have been in foster care more than 450 out of the previous 660 nights.
Social services has made reasonable efforts to reunite parents and their children when services have been made available and a plan has been in place to enable visitation and placement.
The Indian Child Welfare Act does not apply when an Indian tribe has determined the parent is not a member of the tribe.

Delaney v. State 2014 ND 27
Docket No.: 20130260
Filing Date: 2/13/2014
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Order denying application for post-conviction relief summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).

Brockel v. WSI 2014 ND 26
Docket No.: 20130166
Filing Date: 2/13/2014
Case Type: Appeal - Administrative - Workers Compensation
Author: Kapsner, Carol

Highlight: Until proper notice is given, Workforce Safety and Insurance cannot terminate disability benefits on the basis that the claimant failed to verify disability.
When treatment for a work-related injury is prolonged because of nonwork-related medical conditions, the claimant is entitled to continued disability benefits during the entire period because the existence of the nonwork-related condition does not change the fact that the work-related injury rendered the claimant unable to work.
The essence of the concept of disability under workers compensation law is the proper balancing of medical and wage-loss factors.

Bredeson v. Mackey 2014 ND 25
Docket No.: 20130254
Filing Date: 2/13/2014
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: Marriage of one or both parents may constitute a change of circumstances that is not material and therefore does not require modification of parenting time.
Non-parental visitation requires exceptional circumstances, such as a long-standing relationship between the child and the stepparent or a stepparent who is a psychological parent to the child.

Wampler v. N.D. Dep't of Transportation 2014 ND 24
Docket No.: 20130330
Filing Date: 2/13/2014
Case Type: Appeal - Administrative - Department of Transportation
Author: Kapsner, Carol

Highlight: The Department of Transportation must meet the basic and mandatory provisions of N.D.C.C. 39-20-03.1 to have authority to suspend a person's driving privileges.
Inclusion of the blood alcohol test results in the officer's certified report to the Department is a basic and mandatory provision of the statute.
Inclusion of the specific phrase "by weight" on the officer's certified report to the Department is not necessary to satisfy N.D.C.C. 39-20-03.1.

Hamre v. N.D. Dep't of Transportation 2014 ND 23
Docket No.: 20130257
Filing Date: 2/13/2014
Case Type: Appeal - Administrative - Department of Transportation
Author: Crothers, Daniel John

Highlight: A person appealing to the district court from a Department of Transportation decision to suspend privileges must comply with the specifications of error requirements under N.D.C.C. 28-32-42(4).
The law the public is charged with having notice of includes judicial interpretations of statutes.

Brandt v. Brandt 2014 ND 22
Docket No.: 20130109
Filing Date: 2/13/2014
Case Type: Appeal - Civil - Divorce - Property
Author: Per Curiam

Highlight: Divorce judgment distributing parties' marital property and order denying post-judgment motion are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Swearingen v. State (cross-ref. w/20130063) 2014 ND 21
Docket No.: 20130319
Filing Date: 2/13/2014
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court judgment denying post-conviction relief application is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).

Oie v. State 2014 ND 20
Docket No.: 20130275
Filing Date: 2/13/2014
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: District court judgment denying application for postconviction relief summarily affirmed under N.D.R.App.P. 35.1(a)(7).