Opinions

State v. Baesler (consolidated w/20120296) 2012 ND 262
Docket No.: 20120295
Filing Date: 12/24/2012
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Possession of a controlled substance and drug paraphernalia convictions are summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Matter of M.D. (CONFIDENTIAL)(cross-ref. w/20080082 & 20100058) 2012 ND 261
Docket No.: 20120158
Filing Date: 12/18/2012
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Sandstrom, Dale

Highlight: When a person committed as a sexually dangerous individual petitions for discharge, the State has the burden of proving by clear and convincing evidence that the committed individual remains a sexually dangerous individual.
A motion for a continuance may be granted for good cause.

Nuveen v. Nuveen (cross-reference w/20100134 & 20120080) 2012 ND 260
Docket No.: 20120246
Filing Date: 12/18/2012
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: When considering an upward deviation in child support a court does not need to find specific needs that the children lack to justify a deviation.
A district court does not err by offsetting child support obligations before making a deviation.

Specialized Contracting, Inc. v. St. Paul Fire & Marine Ins., et al. 2012 ND 259
Docket No.: 20120195
Filing Date: 12/18/2012
Case Type: Appeal - Civil - Contracts
Author: Maring, Mary

Highlight: The statutory rules for interpreting indemnity contracts are included in every indemnity contract unless a contrary intention appears in the contract.
An indemnity contract does not have to specifically state that the statutory provisions do not apply for a contrary intent to appear in the contract.

Howard, et al. v. Trotter, et al. 2012 ND 258
Docket No.: 20120221
Filing Date: 12/18/2012
Case Type: Appeal - Civil - Real Property
Author: Maring, Mary

Highlight: Congressional section lines are open for public travel without the necessity of any governmental action.
If a county commission orders a public highway to be established along a congressional section line, it is necessary only to establish a public highway where deviations from the section line occur.
Uncertainty as to the amount of damages does not preclude recovery. Damages may be awarded if a reasonable basis for computing the approximate amount is provided.

MayPort Farmers Co-Op v. St. Hilaire Seed Company, Inc. 2012 ND 257
Docket No.: 20120202
Filing Date: 12/18/2012
Case Type: Appeal - Civil - Debtor/Creditor
Author: Crothers, Daniel John

Highlight: Conflicts in the evidence will not be reweighed, and credibility of witnesses will not be reassessed on appeal.
A district court's decision on a motion to amend judgment will not be reversed on appeal unless there is a manifest abuse of discretion.

Interest of J.N. (Confidential) (consolidated with 20120390) 2012 ND 256
Docket No.: 20120389
Filing Date: 12/18/2012
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Crothers, Daniel John

Highlight: A specific finding that the child is currently deprived is a necessary prerequisite to termination of parental rights under N.D.C.C. 27-20-44(1)(c).
An appellate court cannot properly review a decision if the trial court does not provide an adequate explanation of the basis for its decision.

Lund v. Lund, et al. 2012 ND 255
Docket No.: 20120210
Filing Date: 12/18/2012
Case Type: Appeal - Civil - Contracts
Author: Crothers, Daniel John

Highlight: The phrase "transacting any business in this state" in the long-arm jurisdiction provision under N.D.R.Civ.P. 4(b)(2)(A) must be given a broad, expansive interpretation.
Contacts sufficient to support personal jurisdiction under N.D.R.Civ.P. 4(b)(2) need not be current but may arise from past conduct, and personal jurisdiction may be exercised over a former resident for claims arising from activities she engaged in while previously residing in the state.

Interest of T.H. (CONFIDENTIAL)(cross reference with 20110084) 2012 ND 254
Docket No.: 20120168
Filing Date: 12/18/2012
Case Type: Appeal - Civil - Juvenile Law
Author: Crothers, Daniel John

Highlight: Unless a statute imposing a time limit declares that the time limit is jurisdictional, the time limit will not be treated as affecting the jurisdiction of a court or administrative agency.
Whether a child remains deprived is a finding of fact which will not be reversed on appeal unless it is clearly erroneous.

D.E. v. K.F., et al. (CONFIDENTIAL) 2012 ND 253
Docket No.: 20120069
Filing Date: 12/18/2012
Case Type: Appeal - Civil - Paternity
Author: Sandstrom, Dale

Highlight: A presumption of paternity arises when a man is married to the mother of a child and the child is born during the marriage.
Only a person for whose benefit a statute of limitations inures or someone standing in that person's place may take advantage of the statute. A statute of limitations defense may not be asserted by one party on behalf of another person.
In proceedings to adjudicate parentage, the court shall appoint a guardian ad litem to represent a minor or incapacitated child if the child is a party or if the court finds that the interests of the child are not adequately represented.