Opinions

Addai v. State 2012 ND 50
Docket No.: 20110318
Filing Date: 3/15/2012
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

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

Interest of I.D. (CONFIDENTIAL) 2012 ND 49
Docket No.: 20110275
Filing Date: 3/15/2012
Case Type: Appeal - Criminal - Juvenile Law
Author:

Highlight: Juvenile court order adjudicating a child delinquent is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Pack (Consolidated w/ 20110236 & 20110237) 2012 ND 48
Docket No.: 20110235
Filing Date: 3/15/2012
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: A criminal judgment entered after a jury returned guilty verdicts is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

State v. Mendez 2012 ND 47
Docket No.: 20110273
Filing Date: 3/15/2012
Case Type: Appeal - Criminal - Assault
Author:

Highlight: A district court judgment entered after revocation of probation is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

State v. Carpenter (Cross-reference w/20100085) 2012 ND 46
Docket No.: 20110283
Filing Date: 3/15/2012
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: A district court amended criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Estate of Camas 2012 ND 45
Docket No.: 20110217
Filing Date: 2/28/2012
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: VandeWalle, Gerald

Highlight: Orders in an unsupervised probate are appealable if they resolve all of a creditor's claims against an estate.
Technical words should be construed in a lay sense if the testator demonstrates an intent to do so from the language of the will.
If possible, all parts of the will must be harmonized to give every word and phrase effect.

Haroldson v. Haroldson 2012 ND 44
Docket No.: 20110149
Filing Date: 2/27/2012
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

Highlight: In the context of cross-motions for modification of language in a stipulated divorce judgment granting parents equal residential responsibility of children, a district court's finding of a material change in circumstances authorizes the court to fully resolve the best interests of the children for purposes of deciding primary residential responsibility.
A district court's mere recitation of testimony is not equivalent to a finding of fact, and findings of fact must be sufficient to understand the rationale for the court's decision.

Erickson, et al. v. Brown, et al. 2012 ND 43
Docket No.: 20110144
Filing Date: 2/27/2012
Case Type: Appeal - Civil - Contracts
Author: Crothers, Daniel John

Highlight: District court findings of fact are adequate under N.D.R.Civ.P. 52(a) if they provide an understanding of the district court's factual basis used in reaching its decision.
A district court is not required to reject all testimony from a witness who provides an intentionally false statement if the factual basis for the non-false testimony is corroborated by other evidence.

Hangsleben v. Halverson, et al. 2012 ND 42
Docket No.: 20110211
Filing Date: 2/23/2012
Case Type: Appeal - Civil - Malpractice
Author: Per Curiam

Highlight: Appeal from judgment dismissing wrongful death and survivor claims summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (6).

Troxel v. N.D. Dept. of Transportation, et al. 2012 ND 41
Docket No.: 20110295
Filing Date: 2/22/2012
Case Type: Appeal - Administrative - Department of Transportation
Author: Per Curiam

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