Opinions

State v. Vetter 2013 ND 4
Docket No.: 20120015
Filing Date: 1/23/2013
Case Type: Appeal - Criminal - Assault
Author: Crothers, Daniel John

Highlight: A vehicle may be found to be a dangerous weapon under N.D.C.C. 12.1-01-04(6).

Adoption of D.J.D. (CONFIDENTIAL) 2013 ND 3
Docket No.: 20120278
Filing Date: 1/23/2013
Case Type: Appeal - Civil - Adoption
Author: Per Curiam

Highlight: Civil judgment denying an applicant's petition for adoption is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Holkesvig v. Moore (Cross-reference w/20110007) 2013 ND 2
Docket No.: 20120356
Filing Date: 1/23/2013
Case Type: Appeal - Civil - Other
Author: Per Curiam

Highlight: District court order denying a motion to vacate judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (7).

Holkesvig v. State (Consolidated w/20120334) 2013 ND 1
Docket No.: 20120333
Filing Date: 1/23/2013
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam

Highlight: District court judgment summarily dismissing petition for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7).

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.