Opinions

Thorson v. State (cross-reference w/ 20020212) 2012 ND 109
Docket No.: 20120002
Filing Date: 6/7/2012
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Order dismissing application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Gress v. State (cross-reference w/20110047) 2012 ND 108
Docket No.: 20120129
Filing Date: 6/7/2012
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

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

State v. Unruh 2012 ND 107
Docket No.: 20110301
Filing Date: 6/7/2012
Case Type: Appeal - Criminal - Theft
Author: Per Curiam

Highlight: A district court order revoking probation and an amended criminal judgment are summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Hangsleben v. Halverson 2012 ND 106
Docket No.: 20110307
Filing Date: 6/7/2012
Case Type: Appeal - Civil - Other
Author: Per Curiam

Highlight: Summary judgment and award of costs and attorney's fees are summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (6).

Minnkota Power Cooperative, Inc. v. Anderson, et al. (cons. w/20120024) 2012 ND 105
Docket No.: 20120017
Filing Date: 5/21/2012
Case Type: Appeal - Civil - Real Property
Author: VandeWalle, Gerald

Highlight: A party seeking to enter property to conduct testing and surveying under N.D.C.C. 32-15-06 must establish it is in the category of persons entitled to seek eminent domain.
Foreign cooperatives that have received a certificate of authority from the secretary of state are entitled to the same rights, exemptions, and privileges as similar North Dakota cooperatives. Those rights, exemptions, and privileges include the right to exercise the power of eminent domain if similar North Dakota cooperatives also have the right to exercise the power of eminent domain.

Estate of Boehm 2012 ND 104
Docket No.: 20110212
Filing Date: 5/17/2012
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Maring, Mary

Highlight: When technical language is used, meaning words that have acquired a peculiar and appropriate meaning in law, or are defined by statute, such words must be construed according to such peculiar and appropriate meaning or definition.
When a chapter or title of the Century Code conflicts with another chapter or title of the Code, the provisions of the chapter or title must prevail as to all matters in question arising thereunder out of the same subject matter.

State v. Parizek 2012 ND 103
Docket No.: 20110329
Filing Date: 5/17/2012
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Bell v. N.D. Dept. of Transportation 2012 ND 102
Docket No.: 20110201
Filing Date: 5/17/2012
Case Type: Appeal - Administrative - Department of Transportation
Author: Crothers, Daniel John

Highlight: An individual who asks to consult with an attorney before deciding to take a chemical test must be given a reasonable opportunity to do so if it does not materially interfere with the administration of the test.
An individual given a telephone and a telephone book approximately eighteen minutes before the two-hour period for administering a chemical test expired had a reasonable opportunity to contact an attorney when the individual delayed the DUI investigation and called a friend rather than an attorney.

Kooser v. State 2012 ND 101
Docket No.: 20120058
Filing Date: 5/17/2012
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Crothers, Daniel John

Highlight: North Dakota courts may accept a guilty plea accompanied by an assertion of innocence as permitted by the United States Supreme Court's decision in North Carolina v. Alford, 400 U.S. 25 (1970).
A defendant entering an Alford plea need not personally provide the factual basis for the plea.

Dorothy J. Pierce Family Mineral Trust v. Jorgenson, et al. 2012 ND 100
Docket No.: 20110355
Filing Date: 5/17/2012
Case Type: Appeal - Civil - Real Property
Author: Crothers, Daniel John

Highlight: Only judgments and decrees which constitute a final judgment of the rights of the parties to the action and orders enumerated by statute are appealable.