Opinions

State, et al. v. B.B., et al. (confidential) 2013 ND 242
Docket No.: 20130178
Filing Date: 12/13/2013
Case Type: Appeal - Civil - Paternity
Author: Sandstrom, Dale

Highlight: A paternity and support claim can be bifurcated from a related custody action.
A state district court has jurisdiction over a paternity and support action against a non-Indian.

Dahm v. Stark County Board of County Commissioners 2013 ND 241
Docket No.: 20130238
Filing Date: 12/19/2013
Case Type: Appeal - Civil - Real Property
Author: VandeWalle, Gerald

Highlight: The decision of a board of county commissioners on whether to approve an application for a zoning change and plat approval will be affirmed unless the board acted arbitrarily or unreasonably, or if there is not substantial evidence supporting the decision.
On appeal from a decision of a county board, a reconsideration of the evidence is limited to the extent that such evidence was presented to the county board, and the burden is on the moving party to show that the decision of the county board was arbitrary, capricious, or unreasonable.
The moving party cannot turn an appeal from a denial of a change in zoning request into an inverse condemnation action.

Bahtiraj v. State 2013 ND 240
Docket No.: 20130113
Filing Date: 12/19/2013
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Maring, Mary

Highlight: Without more, the second Strickland prong is not satisfied by a self-serving statement that the petitioner would have insisted on going to trial. Factors to consider when determining the rationality of rejecting a guilty plea and insisting on going to trial include immigration consequences, strength of the case against the petitioner, and rational defenses to the charged crime.

State v. Otto 2013 ND 239
Docket No.: 20130096
Filing Date: 12/19/2013
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Sandstrom, Dale

Highlight: The automobile exception to the Fourth Amendment's warrant requirement applies to a readily mobile camper that is not in a place regularly used for residential purposes.

Kinsella v. State 2013 ND 238
Docket No.: 20130150
Filing Date: 12/19/2013
Case Type: Appeal - Civil - Post-Conviction Relief
Author: VandeWalle, Gerald

Highlight: Failure to move pretrial to suppress evidence, by itself, does not equate to ineffective assistance of counsel. Where evidence allegedly seized in violation of the Fourth Amendment, but where counsel has no reason to question the search and seizure, failure to file a motion to suppress does not render the representation ineffective.

Morton County Social Service Board, et al. v. Houim 2013 ND 237
Docket No.: 20130095
Filing Date: 12/19/2013
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: When a party moves to modify primary residential responsibility of a child, the district court must consider only the party's motion on briefs, affidavits, and other supporting documents to determine whether the moving party established a prima facie case and is entitled to an evidentiary hearing.
Evidence that the child's present environment may endanger the child's health or evidence of a parent's suicide attempt constitute material changes of circumstance that may justify a modification of primary residential responsibility and establish a prima facie case.

State v. Canfield 2013 ND 236
Docket No.: 20130141
Filing Date: 12/19/2013
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Kapsner, Carol

Highlight: An inadequate record may make appellate review of the district court's denial of a suppression motion impossible, thus requiring reversal and remand for further proceedings.

Parsons v. WSI 2013 ND 235
Docket No.: 20130197
Filing Date: 12/19/2013
Case Type: Appeal - Administrative - Workers Compensation
Author: Maring, Mary

Highlight: A claimant for workers' compensation benefits must prove by a preponderance of the evidence that the medical condition for which benefits are sought is causally related to a work injury.
If a claimant has a preexisting condition, but a preponderance of the evidence shows the medical condition for which benefits are being sought is causally related to a work injury and not attributable to a preexisting condition, the preexisting condition analysis to determine whether the injury is compensable does not apply.

State v. One 2002 Dodge Intrepid Automobile 2013 ND 234
Docket No.: 20130186
Filing Date: 12/19/2013
Case Type: Appeal - Civil - Other
Author: Kapsner, Carol

Highlight: Due process requires that a notice of forfeiture hearing be served on any interested party.
Mailing the required notice to an individual at a residential address, when that individual is presently incarcerated within the state, violates the individual's right to due process.

Matter of Muscha 2013 ND 233
Docket No.: 20130154
Filing Date: 12/19/2013
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

Highlight: Order civilly committing appellant as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(4).