Opinions

State v. Severinson 2013 ND 121
Docket No.: 20130004
Filing Date: 7/18/2013
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Crothers, Daniel John

Highlight: The State need not produce a witness designated by the defendant under N.D.R.Ev. 707 if the witness did not make a testimonial statement in an analytical report.
A report attesting to the peer review of an analytical report related to the accuracy of a testing procedure that does not prove the substance of the analytical report is not testimonial for the purposes of N.D.R.Ev. 707 and the Confrontation Clause.

Brown v. Burleigh County Housing Authority 2013 ND 120
Docket No.: 20120455
Filing Date: 7/18/2013
Case Type: Appeal - Civil - Administrative Proceeding
Author: Kapsner, Carol

Highlight: State courts do not have jurisdiction under the Administrative Agencies Practice Act to review city and county housing authorities' decisions to terminate housing assistance benefits.

State v. Webster 2013 ND 119
Docket No.: 20130021
Filing Date: 7/18/2013
Case Type: Appeal - Criminal - Sexual Offense
Author: Kapsner, Carol

Highlight: A Miranda warning that fails to inform a defendant his statements may be used against him in a court of law renders the warning deficient.
A defendant's waiver of his Miranda rights is made knowingly and intelligently if he has a full awareness of both the nature of the right being abandoned and the consequences of the decision to abandon it.
The totality of the circumstances is considered when determining whether a Miranda waiver is made voluntarily, knowingly, and intelligently.

Davenport v. WSI 2013 ND 118
Docket No.: 20120449
Filing Date: 7/18/2013
Case Type: Appeal - Administrative - Workers Compensation
Author: Crothers, Daniel John

Highlight: For a mental or psychological condition to be a compensable injury, the claimant must show the physical injury was at least 50 percent of the cause of the condition as compared to all other contributing causes combined.
Unless a claimant's employment substantially accelerates the progression of, or substantially worsens the severity of, a preexisting injury, disease, or other condition, it is not a compensable injury when the claimant's employment merely acts to trigger symptoms in the preexisting injury, disease, or other condition.

Alliance Pipeline L.P. v. Smith, et al. 2013 ND 117
Docket No.: 20120367
Filing Date: 7/18/2013
Case Type: Appeal - Civil - Real Property
Author: Kapsner, Carol

Highlight: A proceeding for a court order permitting entry on land for examinations and surveys is preliminary to a condemnation proceeding.
A party may waive issues about personal jurisdiction, but subject-matter jurisdiction may not be waived.

Rebel v. Rebel 2013 ND 116
Docket No.: 20120280
Filing Date: 7/18/2013
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: A district court must make an equitable distribution of the property and debts of the parties, and a substantial disparity must be adequately explained.
When distributing marital property, a district court must either discount future cash payments to present value or add interest to the payments.
When a party receives property that is clearly worth less than the value ascribed to it by the district court, this Court cannot determine whether the resulting property distribution is equitable.
A court's decision whether to award past child support is discretionary and will not be overturned unless the court abuses its discretion.
Although a court must provide an adequate explanation for not awarding past child support, a district court's child support award will not be reversed if the basis for the court's decision is ascertainable in the record.

State v. Carpenter (cross-reference 20100085 & 20110283) 2013 ND 115
Docket No.: 20130014
Filing Date: 7/18/2013
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Varnson 2013 ND 114
Docket No.: 20130041
Filing Date: 7/18/2013
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: Criminal judgment after a defendant conditionally pled guilty to driving under the influence is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (3).

State v. Hamilton 2013 ND 113
Docket No.: 20120375
Filing Date: 7/18/2013
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Criminal judgment for continuous sexual abuse of a child is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Tweten v. COUNTRY Preferred Insurance Company, et al. 2013 ND 112
Docket No.: 20120306
Filing Date: 7/17/2013
Case Type: Certified Question - Civil - Civil
Author: Crothers, Daniel John

Highlight: Recovery of underinsured motorist benefits arising from a wrongful death claim depends on the decedent's status as an insured under an applicable policy.
The statutory anti-stacking provisions of N.D.C.C. ch. 26.1-40 prevent divorced parents of a minor son killed in an underinsured motor vehicle accident from recovering the full amount of underinsured motorist benefits from their respective policies.