Opinions

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).

Disciplinary Board v. Summers (Consolidated w/ 20130415 & 20130416) 2014 ND 19
Docket No.: 20130414
Filing Date: 2/12/2014
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer suspension ordered.

State v. Cook 2014 ND 18
Docket No.: 20130277
Filing Date: 2/10/2014
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Kapsner, Carol

Highlight: An appellant assumes the consequences and the risk for the failure to file a complete transcript. If the record on appeal does not allow for a meaningful and intelligent review of alleged error, the issue will not be reviewed. When an appellant fails to comply with the rules of appellate procedure so that meaningful review of his issues is impossible, the appeal may be dismissed.

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.