Opinions

Dahl v. State (Consolidated w/20120211)(Cross-reference w/20090262) 2013 ND 25
Docket No.: 20120209
Filing Date: 2/26/2013
Case Type: Appeal - Civil - Post-Conviction Relief
Author: VandeWalle, Gerald

Highlight: The district court has discretion in deciding whether to grant a defendant's request for a bifurcated trial in a case in which there is an issue of lack of criminal responsibility.
When the issue of lack of criminal responsibility is submitted to the trier of fact, N.D.C.C. 12.1-04.1-18 provides for the appropriate form of the verdict or finding and requires the trier of fact to find the defendant not guilty by lack of criminal responsibility if the trier of fact finds the defendant committed the offense but was not criminally responsible.

Olson, et al. v. Job Service, et al. 2013 ND 24
Docket No.: 20120250
Filing Date: 2/26/2013
Case Type: Appeal - Administrative - Unemployment/Job Service
Author: Kapsner, Carol

Highlight: The phrase "a claimant's work stoppage dispute of any kind" in N.D.C.C. 52-06-02(4) refers to employee-initiated work stoppages, and an employer's lockout of its employees as a result of a labor dispute is not an employee-initiated work stoppage.

State v. Kusy 2013 ND 23
Docket No.: 20120377
Filing Date: 2/26/2013
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: A criminal judgment for luring a minor by computer and for sexual assault is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

State v. Flah 2013 ND 22
Docket No.: 20120357
Filing Date: 2/26/2013
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: A district court judgment of conviction for possession of drug paraphernalia after a jury trial is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

In the Matter of Finstad (CONFIDENTIAL) 2013 ND 21
Docket No.: 20130051
Filing Date: 2/15/2013
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Transferred to incapacity to practice law status.

Disciplinary Board v. McDonagh (Cross-ref. w/ 20110167,20120237 & 20120238) 2013 ND 20
Docket No.: 20120445
Filing Date: 2/13/2013
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer discipline ordered.

Reciprocal Discipline of Kleinsmith 2013 ND 19
Docket No.: 20130019
Filing Date: 2/12/2013
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer reprimand and probation ordered.

Reciprocal Discipline of Kitchen 2013 ND 18
Docket No.: 20130018
Filing Date: 2/13/2013
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer suspension ordered.

A.G. Golden, et al. v. SM Energy Company 2013 ND 17
Docket No.: 20120265
Filing Date: 2/1/2013
Case Type: Appeal - Civil - Real Property
Author: VandeWalle, Gerald

Highlight: An area of mutual interest clause is not a covenant that runs with the land, but is a personal covenant that is enforceable only between the original parties to the agreement.
An assignment is an expression of intention by the assignor that his duty shall immediately pass to the assignee, and the benefitted party's consent to the transfer can be manifested either expressly or by implication.
An assignee is responsible only for the obligations of the assignor which the assignee contracts to undertake.
A district court cannot grant relief on the basis of issues that are neither pleaded nor voluntarily litigated.
A well operator is not automatically insulated from liability for underpayment of royalties simply because the incorrect payments were made in accordance with an executed division order.

Capps, et al. v. Weflen, et al. 2013 ND 16
Docket No.: 20120184
Filing Date: 1/29/2013
Case Type: Appeal - Civil - Real Property
Author: Crothers, Daniel John

Highlight: Certification under N.D.R.Civ.P. 54(b) should not be routinely granted and is reserved for cases involving unusual circumstances where failure to allow an immediate appeal would create a demonstrated prejudice or hardship.