Opinions

Riemers v. Jaeger 2013 ND 30
Docket No.: 20120353
Filing Date: 2/26/2013
Case Type: Original Proceeding - Civil - Writ of Mandamus
Author: Crothers, Daniel John

Highlight: A party seeking writs of mandamus, prohibition, or injunction must demonstrate a clear legal right to the relief requested.
Injunctive relief must state its terms specifically and describe in reasonable detail the acts restrained or required.
A state official is not required to request an attorney general's written opinion for all legal questions that may arise during the course of the official's discharge of public duties.

Hageman v. Hageman 2013 ND 29
Docket No.: 20120183
Filing Date: 2/26/2013
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: A district court's decision to modify primary residential responsibility is a finding of fact, subject to the clearly erroneous standard of review.
Strong public policy favors prompt and peaceful resolution of divorce disputes and generates a judicial bias in favor of the adoption of a stipulated agreement of the parties.

Morrow v. Ziegler 2013 ND 28
Docket No.: 20120323
Filing Date: 2/26/2013
Case Type: Appeal - Administrative - Department of Transportation
Author: VandeWalle, Gerald

Highlight: The requirement that an officer include his or her observation that a driver's body contained alcohol on the report and notice is basic and mandatory for the Department of Transportation to have authority to suspend the driver's license for refusal to submit to an onsite screening test.
Allowing the Department to infer elements that are basic and mandatory without any factual basis on the report to support the inference slants the law too much toward the Department's convenience.

Burgard v. Burgard 2013 ND 27
Docket No.: 20120285
Filing Date: 2/26/2013
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

Highlight: A motion made under N.D.R.Civ.P. 60(b) is the exclusive remedial procedure to set aside a default judgment.
On direct appeal from a default judgment granted under N.D.R.Civ.P. 55, the standard of review is limited to whether "irregularities appear on the face of the judgment roll."

Matter of J.G. (CONFIDENTIAL) (cross-ref. w/20100366) 2013 ND 26
Docket No.: 20120199
Filing Date: 2/26/2013
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Sandstrom, Dale

Highlight: Whether an individual engaged in sexually predatory conduct is barred by res judicata from being relitigated on a petition for discharge.

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.