Opinions

State v. VanDyke 2012 ND 190
Docket No.: 20110325
Filing Date: 9/25/2012
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Criminal judgment for gross sexual imposition is affirmed under N.D.R.App.P. 35.1(a)(3).

Everett v. State 2012 ND 189
Docket No.: 20120179
Filing Date: 9/25/2012
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

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

CitiMortgage, Inc. v. Adolph, et al. 2012 ND 188
Docket No.: 20120208
Filing Date: 9/25/2012
Case Type: Appeal - Civil - Foreclosure
Author: Per Curiam

Highlight: District court order granting foreclosure on mortgaged property is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7).

Disciplinary Board v. Jensen 2012 ND 187
Docket No.: 20120308
Filing Date: 9/18/2012
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer suspension ordered.

George v. Veeder 2012 ND 186
Docket No.: 20120081
Filing Date: 8/30/2012
Case Type: Appeal - Civil - Real Property
Author: Sandstrom, Dale

Highlight: The term "minerals" as used in reservation language in a warranty deed does not include gravel, clay, or scoria.
A party seeking reformation of a deed must establish by clear and convincing evidence that the document does not state the parties' intended agreement.

Ennis v. N.D. Dep't of Human Services 2012 ND 185
Docket No.: 20110352
Filing Date: 8/30/2012
Case Type: Appeal - Civil - Administrative Proceeding
Author: Crothers, Daniel John

Highlight: For eligibility for food stamps, self-employment income is generally to be determined on the basis of an averaging of prior income, but self-employment income must be calculated on the basis of anticipated rather than prior earnings if the averaged amount does not accurately reflect the household's actual circumstances because the household has experienced a substantial increase or decrease in business.

Forsman v. Blues Brews and Bar-B-Ques Inc., et al. 2012 ND 184
Docket No.: 20110356
Filing Date: 8/30/2012
Case Type: Appeal - Civil - Personal Injury
Author: Crothers, Daniel John

Highlight: Persons injured by an obviously intoxicated person may bring a dram shop action against any person who knowingly provides alcoholic beverages to the obviously intoxicated person.
The causation element for dram shop liability requires a dram shop violation to contribute to the obviously intoxicated person's intoxication and requires the plaintiff's injuries to have been inflicted by the intoxicated person.

Dahly v. Anderson 2012 ND 183
Docket No.: 20120013
Filing Date: 8/30/2012
Case Type: Appeal - Civil - Administrative Proceeding
Author: Kapsner, Carol

Highlight: The caregiver child exemption under 42 U.S.C. 1396p(c)(2)(A)(iv) provides that the transfer of a parent's home to a child who provided live-in care to the parent for at least two years, which allowed the parent to reside at home rather than in a nursing care facility, is not a disqualifying transfer under federal Medicaid law.
The caregiver child exemption is not limited to situations where the home is transferred personally by a mentally competent parent, but also applies when the transfer of a mentally incompetent parent's home is made by the parent's attorney-in-fact.

Nuveen v. Nuveen 2012 ND 182
Docket No.: 20120080
Filing Date: 8/30/2012
Case Type: Appeal - Civil - Divorce - Property
Author: VandeWalle, Gerald

Highlight: A motion for an extension of time to file a notice of appeal based upon excusable neglect is addressed to the sound discretion of the district court, and its decision will not be set aside on appeal absent an abuse of discretion.
Intentional, willful, and inexcusable disobedience of a court order constitutes contempt of court.

State v. Middleton 2012 ND 181
Docket No.: 20120082
Filing Date: 8/30/2012
Case Type: Appeal - Criminal - Sexual Offense
Author: VandeWalle, Gerald

Highlight: If a party moves for a new trial, the party is limited on appeal to the grounds presented to the district court in the motion.