Opinions

State v. Eagleman (Cross-reference w/20030149 & 20040359) 2013 ND 101
Docket No.: 20120406
Filing Date: 6/19/2013
Case Type: Appeal - Criminal - Sexual Offense
Author: Maring, Mary

Highlight: A sentence will be vacated only if the court acted outside the limits prescribed by statute or substantially relied on an impermissible factor in determining the severity of the sentence.
An illegal probationary term in a sentence invalidates the sentence in its entirety.
Judges do not, and should not, operate in a vacuum in sentencing.

Frey v. Frey 2013 ND 100
Docket No.: 20120378
Filing Date: 6/19/2013
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: A custodial parent's move out of state and a non-custodial parent's temporary custody of a child are a material change in circumstances.
When determining whether modification of prima
A district court's decision to modify a child support obligation after reserving the issue in an interim order is a matter of discretion.
A district court's denial of interim child support must be explained.

Wotzka v. Minndakota Limited Partnership 2013 ND 99
Docket No.: 20120301
Filing Date: 6/19/2013
Case Type: Appeal - Civil - Personal Injury
Author: Maring, Mary

Highlight: A condition that creates an open and obvious danger may limit the landowner's duty to its lawful entrants, but if the harm is expected from the standpoint of the landowner, the landowner is not relieved from his duty to keep the premises reasonably safe under the circumstances.
When a landowner has reason to anticipate that a lawful entrant will proceed to encounter a condition, despite its open and obvious nature, the factfinder must still consider whether the landowner acted reasonably under the circumstances.

Lario Oil & Gas Company, et al. v. EOG Resources, Inc. 2013 ND 98
Docket No.: 20120349
Filing Date: 6/19/2013
Case Type: Appeal - Civil - Real Property
Author: Crothers, Daniel John

Highlight: The specific description in a mineral lease is controlling when a discrepancy exists between the specific description of the property conveyed and an expression of the quantity conveyed.

Albright v. WSI, et al. 2013 ND 97
Docket No.: 20120298
Filing Date: 6/19/2013
Case Type: Appeal - Administrative - Workers Compensation
Author: Kapsner, Carol

Highlight: When presented with conflicting expert medical opinions, it is for WSI, not the district court, to weigh credibility and resolve conflicts.
If WSI disregards medical evidence favorable to a claimant, WSI must consider the entire record, clarify inconsistencies, and adequately explain the reason for disregarding medical evidence favorable to the claimant, applying the two tests and the factors identified in the statute.

City of Fargo v. Moran 2013 ND 96
Docket No.: 20130065
Filing Date: 6/19/2013
Case Type: Appeal - Criminal - Theft
Author: Per Curiam

Highlight: Conviction for shoplifting is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Painte v. Dep't of Transportation 2013 ND 95
Docket No.: 20120316
Filing Date: 6/19/2013
Case Type: Appeal - Administrative - Department of Transportation
Author: Crothers, Daniel John

Highlight: Actual physical control of a vehicle does not require a defendant be able to drive a An affidavit attesting to the affiant's status as a designee of the director of the North Dakota Crime Laboratory is sufficient foundation for establishing prima facie evidence of the affiant's status as a designee for the purposes of section 29-20-07, N.D.C.C.

State v. Butcher 2013 ND 93
Docket No.: 20120403
Filing Date: 6/19/2013
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: Criminal judgment for conspiracy to commit robbery is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Spotted Wolf v. State 2013 ND 92
Docket No.: 20120431
Filing Date: 6/19/2013
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

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

State v. Smith 2013 ND 91
Docket No.: 20120430
Filing Date: 6/19/2013
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: Criminal judgment for attempted robbery is summarily affirmed under N.D.R.App.P. 35.1(a)(3).