Opinions

Hale v. Ward County, et al. 2012 ND 144
Docket No.: 20110171
Filing Date: 7/12/2012
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: The district court may not weigh the evidence, determine credibility or attempt to discern the truth of the matter when ruling on a motion for summary judgment.
Property owner's speculation that a shooting range posed a danger to his property is not sufficient to raise a genuine issue whether the shooting range was a private nuisance.

Recovery Resources, LLC v. Cupido, et al. 2012 ND 143
Docket No.: 20120177
Filing Date: 7/12/2012
Case Type: Appeal - Civil - Debtor/Creditor
Author: Maring, Mary

Highlight: A court's division of debts in a divorce action does not affect the rights of third-party creditors.
Under N.D.C.C. 14-07-08(3), a husband and wife are jointly and severally liable for any debts contracted by either, while living together, for certain necessary goods and services.

Holkesvig v. Welte (cons. w/20110374-375)(cross-ref 20100315-317 & 20110102-104) 2012 ND 142
Docket No.: 20110373
Filing Date: 7/12/2012
Case Type: Appeal - Civil - Other
Author: Kapsner, Carol

Highlight: After a district court has issued an order enjoining a litigant from filing certain further lawsuits without leave of court, the court does not abuse its discretion in denying the litigant's motion to file new lawsuits when the new lawsuits are derivative of the claims previously raised by the litigant.
District courts have inherent authority to protect against abuses of judicial process, and a district court does not abuse its discretion when it narrowly tailors an injunction to enjoin conduct specifically related to a litigant's prior abuses.

EVI Columbus, LLC v. Lamb, et al. 2012 ND 141
Docket No.: 20110320
Filing Date: 7/12/2012
Case Type: Appeal - Civil - Real Property
Author: Maring, Mary

Highlight: If the time allowing a party to amend a pleading as a matter of course has passed, the party may still amend the pleading after obtaining the opposing party's written consent or the court's leave.
Under N.D.R.Civ.P. 8(a), a pleading must contain a short and plain statement showing the pleader is entitled to relief and a demand for the relief sought.
Issues or arguments raised for the first time on appeal are usually not considered.

State v. Bruce 2012 ND 140
Docket No.: 20110360
Filing Date: 7/12/2012
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Sandstrom, Dale

Highlight: For menacing, a victim's subjective fear of imminent serious bodily injury resulting from an encounter with a defendant may be considered.

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.