Opinions

Disciplinary Board v. Howe 2014 ND 17
Docket No.: 20140035
Filing Date: 1/31/2014
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Interim suspension vacated.

Vacancy in Judgeship No. 8, SCJD 2014 ND 16
Docket No.: 20140003
Filing Date: 1/30/2014
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judgeship retained at Linton.

Vacancy in Judgeship No. 1, ECJD 2014 ND 15
Docket No.: 20140008
Filing Date: 1/28/2014
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judgeship retained in Fargo.

State v. Holbach (cross-reference w/ 20120155 & 20120215) 2014 ND 14
Docket No.: 20130016
Filing Date: 1/28/2014
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: Due process prohibits the criminal prosecution of defendants who, as a result of a mental disease or defect, lack capacity to understand the proceedings against them or to assist in their defense.
Defendants found not competent to stand trial may be committed to the State Hospital under the statutory procedures and safeguards for civil commitment.

Schwalk v. Schwalk, et al. 2014 ND 13
Docket No.: 20130225
Filing Date: 1/17/2014
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: A hearing is not required by law to modify a child support obligation.
A party seeking modification of a child support obligation has the burden of proving the existing amount of support does not conform to the guidelines.

Entzel v. Moritz Sport and Marine 2014 ND 12
Docket No.: 20130157
Filing Date: 1/17/2014
Case Type: Appeal - Civil - Contracts
Author: Kapsner, Carol

Highlight: A force majeure clause is equivalent to an affirmative defense.
A party relying on a force majeure clause to excuse performance bears the burden of proving that the event was beyond its control and without its fault or negligence.
Appellant was not a prevailing plaintiff where the district court's award of partial damages to appellant was reversed on appeal.

Forbes Equity Exchange, Inc. v. Jensen 2014 ND 11
Docket No.: 20130199
Filing Date: 1/17/2014
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Highlight: An assignee acquires no greater rights than those of the assignor.
In an action on an assigned claim, the assignee is ordinarily subject to any setoff or counterclaim available to the obligor against the assignor that could have been asserted against the assignor at the time of the assignment.

Phillips v. State 2014 ND 10
Docket No.: 20130151
Filing Date: 1/14/2014
Case Type: Appeal - Criminal - Post-Conviction Relief
Author: Sandstrom, Dale V.

Highlight: A separate appeal from an order denying the transcript of a post-conviction relief hearing is unnecessary when an appeal from an order denying post-conviction relief is already pending.
When an indigent defendant has demonstrated a particularized need for a transcript, the district court abuses its discretion in denying his request for a free transcript.

Holkesvig v. Dakota Spas 2014 ND 9
Docket No.: 20130214
Filing Date: 1/14/2014
Case Type: Appeal - Civil - Other
Author: Sandstrom, Dale

Highlight: A disorderly conduct restraining order can be sought only against a human being.

Gustafson, et al. v. Gustafson, et al. 2014 ND 8
Docket No.: 20130206
Filing Date: 1/14/2014
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Sandstrom, Dale

Highlight: A telephone call is not an appearance entitling a party to notice before entry of default judgment when the party speaks to no one and leaves only a recorded message stating his name and requesting a return call.