Opinions

Waslaski v. State 2013 ND 64
Docket No.: 20120453
Filing Date: 5/14/2013
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court judgment summarily dismissing a petition for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7).

Matter of Emelia Hirsch Trust (Cross-reference w/20080209,20120141,20120241) 2013 ND 63
Docket No.: 20120371
Filing Date: 4/11/2013
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Per Curiam

Highlight: An order denying a motion to vacate an order reforming a trust is summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (4).

Dawson v. N.D. Dep't of Transportation 2013 ND 62
Docket No.: 20120417
Filing Date: 4/11/2013
Case Type: Appeal - Administrative - Department of Transportation
Author: Maring, Mary

Highlight: Hearsay statements may not be admitted under the present sense impression exception when a sufficient lapse in time has occurred between the event and the declarant's statement, allowing for reflective thought.
Suspension of an individual's driving privileges is improper when a reasonable mind cannot reasonably conclude that the individual drove or was in physical control of a vehicle within two hours of the performance of a chemical test.

Interest of M.H.P. (CONFIDENTIAL) 2013 ND 61
Docket No.: 20120340
Filing Date: 4/10/2013
Case Type: Appeal - Criminal - Juvenile Law
Author: Crothers, Daniel John

Highlight: The Double Jeopardy Clause of the U.S. Constitution bars review of a juvenile court finding that a juvenile who committed a delinquent act is not in need of treatment or rehabilitation.
The Double Jeopardy Clause of the U.S. Constitution does not bar review of whether a juvenile should have been required to register as a sexual offender.
Once a juvenile court dismisses a juvenile proceeding under N.D.C.C. 27-20-29(2), the State's petition is dismissed, and nothing remains to be adjudicated.

Larson, et al. v. Norheim, et al. 2013 ND 60
Docket No.: 20120236
Filing Date: 4/8/2013
Case Type: Appeal - Civil - Real Property
Author: Maring, Mary

Highlight: The owners of a mineral interest may preserve their interest by recording a statement of claim within sixty days of the publication of a notice of lapse of mineral interest.
The statement of claim may be recorded by an owner's representative, and the representative's authorization to record the claim on the owner's behalf is not required to be in writing.

Kruckenberg v. State (cross-reference w/20080106 & 20110333) 2013 ND 59
Docket No.: 20120387
Filing Date: 4/8/2013
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).

Woodward v. Woodward 2013 ND 58
Docket No.: 20120315
Filing Date: 4/8/2013
Case Type: Appeal - Civil - Divorce - Property
Author: VandeWalle, Gerald

Highlight: When deciding whether spousal support is appropriate, even if a spouse can be rehabilitated, a court may award permanent spousal support to ensure one party does not bear the brunt of the overall reduction in standard of living.
Spousal support does not terminate automatically upon cohabitation, because unmarried cohabitants have no obligation to support each other.

K & L Homes, Inc. v. American Family Mutual Ins. Co. 2013 ND 57
Docket No.: 20120060
Filing Date: 4/5/2012
Case Type: Appeal - Civil - Insurance
Author: Maring, Mary

Highlight: In an insurance policy, an exception to an exclusion may result in coverage, but is applicable only if the policy initially grants coverage and an exclusion precluding coverage applies.
Faulty workmanship may constitute an occurrence under a commercial general liability policy if the faulty work was unexpected and not intended by the insured, and the property damage was not anticipated or intentional, so that neither the cause nor the harm was anticipated, intended, or expected.
The definition of occurrence in a commercial general liability policy is not defined by terms of ownership or the character of the property damaged.
If a general contractor is liable for damages to work, including its own work product, arising out of a subcontractor's workmanship, the subcontractor exception preserves coverage that the "your work" exclusion precludes.

Waslaski v. State 2013 ND 56
Docket No.: 20120368
Filing Date: 4/4/2013
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Sandstrom, Dale

Highlight: Arguments raised for the first time on appeal generally will not be considered by this Court.

State v. Farrell 2013 ND 55
Docket No.: 20120338
Filing Date: 4/4/2013
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Sandstrom, Dale

Highlight: The Interstate Agreement on Detainers Act provides no relief by dismissing criminal judgments entered before the request for disposition of charges, nor does it make available monetary relief.