Opinions

Jund, et al. v. Johnnie B's Bar & Grill, Inc., et al. 2011 ND 230
Docket No.: 20110115
Filing Date: 12/13/2011
Case Type: Appeal - Civil - Personal Injury
Author: Sandstrom, Dale

Highlight: An insured's total compensatory damages, not the insured's underinsured motorist coverage limit, is the starting point for reducing any amount paid or payable to the insured for Workforce Safety and Insurance benefits.

Beaudoin v. JB Mineral Services 2011 ND 229
Docket No.: 20110030
Filing Date: 12/13/2011
Case Type: Appeal - Civil - Contracts
Author: Sandstrom, Dale

Highlight: An "unless" clause in an oil and gas lease provides that the lease shall terminate unless the lessee does some specific act, such as commencing a well or making specified payments.
A lease with an "unless" clause terminates automatically if the lessee fails to pay or tender the required payment on or before the due date.

Tweed v. State 2011 ND 228
Docket No.: 20110089
Filing Date: 12/13/2011
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Crothers, Daniel John

Highlight: The district court may, on its own initiative, dismiss an application for post-conviction relief for failure to state a valid claim; however, the court should use this power only when it is impossible for the applicant to prove a claim for which relief can be granted.
A claim of ineffective assistance of post-conviction counsel may be raised in a successive application for post-conviction relief.

Coppage v. State (cross-reference 20070304) 2011 ND 227
Docket No.: 20110076
Filing Date: 12/13/2011
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Kapsner, Carol

Highlight: The district court errs in summarily dismissing an application for post-conviction relief if the applicant raises a genuine issue of material fact.
Claims of ineffective assistance of post-conviction counsel may be raised in successive post-conviction proceedings and may be an excuse for an applicant's failure to raise an issue in a prior proceeding.

Burgess v. N.D. Department of Transportation 2011 ND 226
Docket No.: 20110162
Filing Date: 12/13/2011
Case Type: Appeal - Administrative - Department of Transportation
Author: Per Curiam

Highlight: District court's judgment reversing an administrative hearing officer's decision to suspend driving privileges is summarily reversed under N.D.R.App.P. 35.1(b).
The exclusionary rule does not apply to civil proceedings.

Lehman v. State 2011 ND 225
Docket No.: 20110134
Filing Date: 12/13/2011
Case Type: Appeal - Civil - Post-Conviction Relief
Author:

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

Matter of Dean 2011 ND 224
Docket No.: 20110079
Filing Date: 12/13/2011
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).

Dailey v. State (cross-reference w/ 20060030) 2011 ND 223
Docket No.: 20110014
Filing Date: 12/13/2011
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Crothers, Daniel John

Highlight: A district court has broad discretion in determining when a period of probation will begin, and the period of probation may begin to run while the defendant is incarcerated.
Section 12.1-32-06.1, N.D.C.C., prohibited the district court from sentencing the defendant on a felony to a period of probation that would not and could not be completed within five years of his release from incarceration for that offense.

Cach LLC v. Steele 2011 ND 222
Docket No.: 20110182
Filing Date: 12/13/2011
Case Type: Appeal - Civil - Debtor/Creditor
Author: Per Curiam

Highlight: Default judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Everett v. State (Cross-reference w/20080063, 20090244, 20100222 & 20100392) 2011 ND 221
Docket No.: 20110189
Filing Date: 12/13/2011
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Orders summarily dismissing an application for post-conviction relief and denying a subpoena request and motion to recuse or remove the district court judge are summarily affirmed under N.D.R.App.P. 35.1(a)(1).