Opinions

City of Lincoln v. Johnston 2012 ND 139
Docket No.: 20120068
Filing Date: 7/12/2012
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Sandstrom, Dale

Highlight: A bicycle is a vehicle for purposes of the driving under the influence law.

State v. Garg (consolidated w/20110299) 2012 ND 138
Docket No.: 20110298
Filing Date: 7/12/2012
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Crothers, Daniel John

Highlight: An appellate court need not address questions, the answers to which are unnecessary to the determination of an appeal.
A defendant who elects to represent himself cannot thereafter complain that the quality of his own defense amounted to a denial of effective assistance of counsel.
A petitioner who knows his guilty plea could result in deportation cannot prove he was prejudiced by his attorney's alleged failure to advise of the deportation consequences of the plea.

Castro v. Castro 2012 ND 137
Docket No.: 20110369
Filing Date: 7/12/2012
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

Highlight: In an interstate child custody proceeding, jurisdiction generally exists in the child's home state.
A home state court may decline jurisdiction of a child custody determination on the ground the court is an inconvenient forum.
Under the Uniform Child Custody Jurisdiction Enforcement Act, a child custody determination includes a proceeding in which visitation is an issue.

Thorsrud v. N.D. Dep't of Transportation 2012 ND 136
Docket No.: 20120136
Filing Date: 7/12/2012
Case Type: Appeal - Administrative - Department of Transportation
Author: Maring, Mary

Highlight: Under N.D.C.C. 39-20-05(4), admission of an Intoxilyzer Test Record and Checklist into evidence establishes prima facie their contents.
A defendant may present sufficient evidence to rebut prima facie evidence established by the admission of an Intoxilyzer test record and checklist into evidence.
If a defendant successfully rebuts the prosecution's prima facie evidence, the prosecution may present evidence to demonstrate fair administration despite the defendant's rebuttal.

State v. Clark 2012 ND 135
Docket No.: 20110359
Filing Date: 7/12/2012
Case Type: Appeal - Criminal - Theft
Author: Crothers, Daniel John

Highlight: A defendant is entitled to a jury instruction on a defense if there is evidence that creates a reasonable doubt about an element of the charged offense.
There is no presumption of vindictiveness when a defendant receives a more severe sentence after a trial than he received when he pled guilty to the same offense before his initial conviction was reversed on appeal.

Meier v. N.D. Dep't of Human Services 2012 ND 134
Docket No.: 20120063
Filing Date: 7/12/2012
Case Type: Appeal - Civil - Administrative Proceeding
Author: VandeWalle, Gerald

Highlight: Service of the notice of appeal and specifications of error on Human Resource Management Services is necessary to properly perfect an appeal from administrative law judge decisions under the Central Personnel System Act.

Matter of Rubey (cross-reference 20100292) 2012 ND 133
Docket No.: 20110322
Filing Date: 7/12/2012
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Sandstrom, Dale

Highlight: On appeal, conflicting evidence is not re-weighed nor is the credibility of witnesses re-decided.

Matter of D.A. (CONFIDENTIAL) 2012 ND 132
Docket No.: 20110358
Filing Date: 7/12/2012
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

Highlight: Order denying a petitioner's application for discharge from civil commitment as a sexually dangerous individual under N.D.C.C. ch. 25-03.3 is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Ayala 2012 ND 131
Docket No.: 20120092
Filing Date: 7/12/2012
Case Type: Appeal - Criminal - Homicide
Author: Per Curiam

Highlight: Criminal judgment of conviction of murder is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Toppen v. Toppen 2012 ND 130
Docket No.: 20120072
Filing Date: 7/12/2012
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: Order affirming an administrative enforcement action placing a lien on an individual's personal property held by the Department of Corrections and Rehabilitation is summarily affirmed under N.D.R.App.P. 35.1(a)(7).