Opinions

State v. Mendez 2012 ND 69
Docket No.: 20110274
Filing Date: 4/10/2012
Case Type: Appeal - Criminal - Other
Author:

Highlight: Criminal judgment for assault on a peace officer and contact by bodily fluids is summarily affirmed under N.D.R.App.P. 35.1(a)(3).
Order denying motion for mistrial is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Guardianship/Conservatorship of D.F.S. 2012 ND 68
Docket No.: 20110335
Filing Date: 4/10/2012
Case Type: Appeal - Civil - Guardian/Conservator
Author:

Highlight: Judgment dismissing with prejudice a petition for appointment as a guardian and conservator because of improper service is summarily affirmed under N.D.R.App.P. 35.1(a)(7).
A district court without personal jurisdiction over a defendant may not dismiss the claim with prejudice.

State v. White 2012 ND 67
Docket No.: 20110288
Filing Date: 4/10/2012
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: Criminal judgment entered after a defendant pled guilty to criminal trespass, menacing, preventing arrest, and possession of drug paraphernalia is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).

Yellow v. State (Consolidated w/20110310) 2012 ND 66
Docket No.: 20110309
Filing Date: 4/10/2012
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Order denying a petitioner's application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (3).

Rudolph v. N.D. Dept. of Transportation 2012 ND 65
Docket No.: 20110334
Filing Date: 4/10/2012
Case Type: Appeal - Administrative - Department of Transportation
Author:

Highlight: A district court judgment affirming a Department of Transportation decision revoking driving privileges is summarily affirmed under N.D.R.App.P. 35.1(a)(5).

N.D. State Board of Higher Education v. Jaeger et al. 2012 ND 64
Docket No.: 20120112
Filing Date: 4/3/2012
Case Type: Original Proceeding - Civil - Writ of Prohibition
Author: VandeWalle, Gerald

Highlight: Supreme Court has discretionary authority to exercise original jurisdiction and issue remedial writs as may be necessary to properly exercise its jurisdiction.

Weeks v. Geiermann, et al. 2012 ND 63
Docket No.: 20110156
Filing Date: 3/21/2012
Case Type: Appeal - Civil - Debtor/Creditor
Author: Maring, Mary

Highlight: A "medical services provider" who does not make disclosures required under N.D.C.C. 13-01-15 to charge the "late payment charge" allowed under N.D.C.C. 13-01-14.1 is still entitled to prejudgment interest under N.D.C.C. 47-14-05 at the legal rate of six percent per annum.

Estate of Harms 2012 ND 62
Docket No.: 20110165
Filing Date: 3/19/2012
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Crothers, Daniel John

Highlight: A co-trustee of a testamentary did not waive the right to argue for an alternative distribution of estate assets by administering a trust.
Judicial estoppel does not apply absent success in a prior court proceeding.
The Uniform Probate Code makes certain agreements among successors binding on an estate's personal representative and provides a procedure for making compromise agreements binding by securing court approval.
When the meaning of a will provision is in question, the intention of a testator as expressed in the testator's will controls the legal effect of the testator's dispositions.
The estate tax marital deduction allows spouses to avoid paying federal estate taxes on property passing from a decedent to his or her surviving spouse.
The unified credit allows an individual to exempt a combined amount lifetime and at death transfers from the federal estate and gift tax.
The fractional formula distributing the decedent's residuary estate funded a nonmarital trust in the amount sheltered by the decedent's available unified credit and devised the remainder of the residuary estate to a marital share.

Judicial Vacancy in Judgeship No. 3, Southwest Judicial District 2012 ND 61
Docket No.: 20120089
Filing Date: 3/22/2012
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judgeship retained.

Gonzalez v. Witzke 2012 ND 60
Docket No.: 20110221
Filing Date: 3/15/2012
Case Type: Appeal - Civil - Other
Author: Sandstrom, Dale

Highlight: Even though a district court is not required to find a pattern of behavior when issuing a disorderly conduct restraining order, the court may make a finding when a pattern of behavior is present.