Opinions

Interest of J.G. & D.M. (CONFIDENTIAL) 2011 ND 220
Docket No.: 20110046
Filing Date: 12/13/2011
Case Type: Appeal - Civil - Juvenile Law
Author: Per Curiam

Highlight: An order adopting a juvenile court's finding of deprivation and continuing placement of children with social services for six months is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Estate of Bartelson 2011 ND 219
Docket No.: 20110114
Filing Date: 11/15/2011
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Kapsner, Carol

Highlight: Under the Uniform Probate Code, a district court has jurisdiction over claims of misappropriation in formal probate proceedings because the statute grants jurisdiction over actions to determine title to property alleged to belong to the estate.

State v. Wetzel (cross-reference 20080042) 2011 ND 218
Docket No.: 20110080
Filing Date: 11/15/2011
Case Type: Appeal - Criminal - Misc. Felony
Author: Sandstrom, Dale

Highlight: Collateral estoppel and res judicata do not prohibit revocation of probation based on evidence the defendant committed a new offense when the defendant was previously found not guilty of committing the same offense in a separate criminal proceeding.

State v. Nakvinda 2011 ND 217
Docket No.: 20110038
Filing Date: 11/15/2011
Case Type: Appeal - Criminal - Homicide
Author: Sandstrom, Dale

Highlight: Inconsistent testimony at trial does not preclude a finding of guilt.
A conviction may be justified on circumstantial evidence alone if it has such probative force as to enable the trier of fact to find the defendant guilty beyond a reasonable doubt.
A verdict based on circumstantial evidence carries the same presumption of correctness as other verdicts.

Sorenson v. Slater (cross-reference w/20090358) 2011 ND 216
Docket No.: 20110015
Filing Date: 11/15/2011
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

Highlight: When the Supreme Court remands for redetermination of an issue without specifying the procedure to be followed, the district court may decide the issue on the basis of the evidence already before it or may take additional evidence.
Although the results of a polygraph examination are not generally admissible in a criminal trial unless the parties have stipulated to their admissibility, there is no definitive rule for admissibility of polygraph results in other contexts.
A party seeking to introduce polygraph evidence must present scientific evidence establishing the reliability of polygraph examination results.

Finstad, et al. v. Ransom-Sargent Water Users, Inc., et al. 2011 ND 215
Docket No.: 20110142
Filing Date: 11/15/2011
Case Type: Appeal - Civil - Real Property
Author: VandeWalle, Gerald

Highlight: N.D.C.C. ch. 32-12.1, which governs political subdivision liability, applies only to tort claims brought against political subdivisions.
Contract claims brought against political subdivisions are governed by the general statutes of limitation for contract claims.

Matter of Hehn (cross-reference 20070167) 2011 ND 214
Docket No.: 20110053
Filing Date: 11/15/2011
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: VandeWalle, Gerald

Highlight: The district court must specify the facts upon which its conclusion is based when finding a person is a sexually dangerous individual.
The judge, rather than the psychologists, is the ultimate decision-maker in determining whether an individual meets the requirements for civil commitment.

State v. Cain 2011 ND 213
Docket No.: 20110010
Filing Date: 11/15/2011
Case Type: Appeal - Criminal - Assault
Author: Crothers, Daniel John

Highlight: A conspiratorial agreement can be proved by conduct sufficient to establish an implicit agreement to commit an offense.
A habitual offender hearing can be combined with a sentencing hearing.
Certified copies of prior judgments that were self-authenticating under N.D.R.Ev. 902(1) and (4) were "duly authenticated" under section 12.1-32-09(5), N.D.C.C.
The speedy trial provision of the Uniform Mandatory Disposition of Detainers Act, section 29-33-03, N.D.C.C., does not apply when a prisoner is being held solely on a pending charge.
When a motion in limine is denied, the objecting party must renew the objection at trial to preserve the issue for appeal.

Warnke v. Warnke 2011 ND 212
Docket No.: 20110023
Filing Date: 11/15/2011
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: Where the rebuttable presumption that mail duly directed and mailed was received is contradicted by other evidence, the issue of actual notice is for the trier of fact to decide.
The district court has broad discretion in determining the quality of proof necessary to support a default judgment.

Tarnavsky v. First National Bank and Trust Co. 2011 ND 211
Docket No.: 20110151
Filing Date: 11/15/2011
Case Type: Appeal - Civil - Other
Author: Per Curiam

Highlight: Judgment dismissing claims, awarding attorney fees and costs, and denying motion for relief from judgment is summarily affirmed under N.D.R.App.P. 35.1(a), and the case is remanded to determine reasonable attorney fees for appeal and request for injunctive relief.