Opinions

Palmer v. State (consol.w/20110346-20110348)(cross-ref.w/20010123-20010126) 2012 ND 98
Docket No.: 20110344
Filing Date: 5/17/2012
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Crothers, Daniel John

Highlight: A decision cannot be properly reviewed on appeal if the district court does not provide an adequate explanation of its rationale for its decision.

State v. Lee 2012 ND 97
Docket No.: 20110121
Filing Date: 5/17/2012
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Crothers, Daniel John

Highlight: A person arrested for DUI has a limited statutory right to consult with an attorney before deciding whether to submit to a chemical test.
If a DUI arrestee asked to take a chemical test makes any mention of a need for an attorney, the arresting officer must assume the arrestee is requesting an opportunity to consult with an attorney.
Defendant's mention of an attorney's name and passing reference to desire to fight DUI charge were not requests to consult with an attorney before taking a chemical test.
The bright-line rule for determining whether an arrestee has invoked the right to consult with an attorney before submitting to a chemical test adopted in Baillie v. Moore, 522 N.W.2d 748, 750 (N.D. 1994), applies in both administrative and criminal proceedings.

Wilson v. State (consolidated w/20110363) 2012 ND 96
Docket No.: 20110362
Filing Date: 5/17/2012
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) and (6).

State v. Sandoval 2012 ND 95
Docket No.: 20110300
Filing Date: 5/17/2012
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: Amended criminal judgment after the district court revoked a defendant's probation and ordered him to serve a sentence longer than the original sentence the court imposed after he pled guilty to a felony and two misdemeanors is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Matter of C.S. (CONFIDENTIAL) 2012 ND 94
Docket No.: 20110302
Filing Date: 5/17/2012
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

Highlight: Order denying request for discharge from civil commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Matter of Richardson 2012 ND 93
Docket No.: 20110330
Filing Date: 5/17/2012
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author:

Highlight: Order civilly committing a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Disciplinary Board v. Tollefson (CONSOLIDATED W/ 20120131 & 20120132) 2012 ND 92
Docket No.: 20120130
Filing Date: 5/14/2012
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer suspension ordered.

Come Big or Stay Home, LLC v. EOG Resources, Inc. 2012 ND 91
Docket No.: 20110305
Filing Date: 5/4/2012
Case Type: Appeal - Civil - Contracts
Author: Maring, Mary

Highlight: An agreement may be supplemented by custom or usage, under appropriate circumstances
Pooling and unitization of separately owned tracts do not create a cotenancy between the several leaseholders.
When a claim for conversion and a claim for breach of contract arise under the same facts, tort liability for conversion does not occur unless the conduct that constitutes a breach of contract also gives rise to liability independent of the existence of a contract between the parties.

Pifer v. McDermott 2012 ND 90
Docket No.: 20110287
Filing Date: 5/4/2012
Case Type: Appeal - Civil - Real Property
Author: Sandstrom, Dale

Highlight: A partial judgment that disposes of fewer than all claims against all parties will not be considered on appeal absent N.D.R.Civ.P. 54(b) certification.
On appeal, the appropriateness of N.D.R.Civ.P. 54(b) certification is reviewed.

Raymond J. German, Ltd. v. Brossart 2012 ND 89
Docket No.: 20110338
Filing Date: 5/3/2012
Case Type: Appeal - Civil - Contracts
Author: Sandstrom, Dale

Highlight: When a default judgment, rather than a district court's order regarding a N.D.R.Civ.P. 60(b) motion to vacate the default judgment, is appealed, it is reviewed to determine whether irregularities appear on the face of the judgment.
District courts have broad discretion in the quality of proof necessary for entering a default judgment.
An appearance is any response sufficient to give a plaintiff or his or her attorney notice of an intent to contest the claim.