Opinions

State v. Benefiel (Consolidated w/20120275) 2012 ND 252
Docket No.: 20120274
Filing Date: 12/18/2012
Case Type: Appeal - Criminal - Assault
Author: Per Curiam

Highlight: Two district court orders revoking a defendant's probation and resentencing him to five years' imprisonment are summarily affirmed under N.D.R.App.P 35.1(a)(2) and (4).

State v. Wolfgram 2012 ND 251
Docket No.: 20120286
Filing Date: 12/18/2012
Case Type: Appeal - Criminal - Homicide
Author: Per Curiam

Highlight: Criminal judgment sentencing defendant to imprisonment within statutory range summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).

Interest of Voisine (Cross-reference w/20090182 & 20100163) 2012 ND 250
Docket No.: 20120325
Filing Date: 12/18/2012
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

Highlight: Order denying request for discharge from civil commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Disciplinary Board v. McCray 2012 ND 249
Docket No.: 20120363
Filing Date: 12/3/2012
Case Type: Discipline - Attorney - Original Proceeding
Author:

Highlight: Lawyer suspension ordered.

Deyle v. Deyle 2012 ND 248
Docket No.: 20120157
Filing Date: 11/30/2012
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: District courts must look both forward and backward when making primary residential responsibility findings under N.D.C.C. 14-09-06.2(1)(d) after factor (d) was amended in 2009.
A district court's denial of attorney fees or interim child support must be explained.
A district court's denial of extended summer parenting time between a non-custodial parent and a child of sufficient age must be explained.

State v. Herzig 2012 ND 247
Docket No.: 20110304
Filing Date: 11/28/2012
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Sandstrom, Dale

Highlight: When a legitimate dispute exists as to whether a road is a public road by prescription, resolution should take place civilly and not in a criminal trespass action.

Ehlen v. Melvin, et al. 2012 ND 246
Docket No.: 20120233
Filing Date: 11/27/2012
Case Type: Appeal - Civil - Real Property
Author: Kapsner, Carol

Highlight: For the existence of a contract, the parties must consent to the agreement, and consent is not mutual unless the parties all agree upon the same thing in the same sense.
The acceptance of a contract must be absolute and unqualified, and a qualified acceptance is a counteroffer.

Niska v. Falconer 2012 ND 245
Docket No.: 20120252
Filing Date: 11/27/2012
Case Type: Appeal - Civil - Other
Author: Sandstrom, Dale

Highlight: A district court's finding of domestic violence may be based on actual harm, or the infliction of fear of imminent harm.
A district court's finding of domestic violence must be adequate to understand the basis for its decision.

Muldoon v. WSI, et al. 2012 ND 244
Docket No.: 20120273
Filing Date: 11/27/2012
Case Type: Appeal - Administrative - Workers Compensation
Author: Crothers, Daniel John

Highlight: Conflicting testimony will not be reweighed and credibility of witnesses will not be reassessed on appeal.
Willful conduct is conduct engaged in intentionally and not inadvertently. Such a state of mind can rarely be proven directly and must usually be inferred from conduct and circumstantial evidence.
An issue not properly raised before the trial court cannot be brought for the first time on appeal.

State v. Dominguez 2012 ND 243
Docket No.: 20120240
Filing Date: 11/27/2012
Case Type: Appeal - Criminal - Misc. Felony
Author: Maring, Mary

Highlight: A trial court may not grant a new trial on its own motion and may act only upon a timely motion made by the defendant.
An order entered by a trial court without jurisdiction is void and may be vacated by the Supreme Court.
The Supreme Court lacks jurisdiction to decide the merits of an appeal from an order denying an untimely motion for a new trial.