Opinions

Mosbrucker v. State 2012 ND 3
Docket No.: 20110219
Filing Date: 1/12/2012
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

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

Milliron v. State 2012 ND 2
Docket No.: 20110223
Filing Date: 1/12/2012
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court order summarily denying an application for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(1), (4) and (7).

Lindteigen, et al. v. Harris 2012 ND 1
Docket No.: 20110222
Filing Date: 1/12/2012
Case Type: Appeal - Civil - Other
Author: Per Curiam

Highlight: Civil judgment denying a defendant's counterclaim for money and the return of property and awarding attorney's fees and costs to the plaintiffs on the basis that the defendant made frivolous claims is summarily affirmed under N.D.R.App.P. 35.1(a)(1).

State v. Mittleider (Consolidated w/20110204) 2011 ND 242
Docket No.: 20110203
Filing Date: 12/22/2011
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: VandeWalle, Gerald

Highlight: An affirmative defense to a strict liability offense will apply only in rare circumstances.
Law enforcement officers with legitimate business may enter certain areas surrounding a home where persons may have a reasonable expectation of privacy but which are impliedly open to the public.
The Fourth Amendment to the United States Constitution and Article I, Section 8 of the North Dakota Constitution are implicated if a reasonable expectation of privacy is invaded.

Disciplinary Board v. Kellington 2011 ND 241
Docket No.: 20110261
Filing Date: 12/20/2011
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer discipline ordered.

Richard v. Washburn Public Schools 2011 ND 240
Docket No.: 20110045
Filing Date: 12/15/2011
Case Type: Appeal - Civil - Personal Injury
Author: Crothers, Daniel John

Highlight: In a tort action by an employee to recover damages for a work-related injury, the employer has the burden of establishing by a preponderance of the evidence the defense that the employer is immune from suit under the exclusive remedy provisions of the workers compensation act.
North Dakota does not allow compensation for what are known within the parlance of workers compensation law as "mental-mental" injuries.
The North Dakota Human Rights Act does not preclude the filing of a claim in district court for damages based on sexual harassment.

Van Berkom, et al. v. Cordonnier, et al. 2011 ND 239
Docket No.: 20110085
Filing Date: 12/13/2011
Case Type: Appeal - Civil - Real Property
Author: Maring, Mary

Highlight: Clear and convincing evidence is necessary to reform a deed, and there is a presumption an instrument correctly expresses the intention of the parties.
To preserve an alleged error regarding the admission of evidence for review, a substantial right of the complaining party must be affected, and an objection stating the specific ground for the objection must be made.

State v. Schmidt 2011 ND 238
Docket No.: 20110082
Filing Date: 12/13/2011
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Crothers, Daniel John

Highlight: Entrapment is an affirmative defense.
A law enforcement agent perpetrates an entrapment if, for the purpose of obtaining evidence of the commission of a crime, the law enforcement agent induces or encourages and, as a direct result, causes another person to engage in conduct constituting such a crime by employing methods of persuasion or inducement which create a substantial risk that such crime will be committed by a person other than one who is ready to commit it.
Conduct merely affording a person an opportunity to commit an offense does not constitute entrapment.
In reviewing a challenge to a factual conclusion that entrapment did not occur, this Court does not weigh conflicting evidence, nor judge the credibility of witnesses; instead, the Court looks only to the evidence and its reasonable inferences most favorable to the verdict to see if substantial evidence exists to warrant a conviction.

State v. Humann 2011 ND 237
Docket No.: 20110185
Filing Date: 12/13/2011
Case Type: Appeal - Criminal - Sexual Offense
Author: Crothers, Daniel John

Highlight: Under N.D.C.C. 12.1-32-15(2)(a), the district court must require felonious sexual offenders to register unless the offender was guilty of specified juvenile offenses.

State v. Aguilar (Consolidated w/ 20110124 - 20110126) 2011 ND 236
Docket No.: 20110123
Filing Date: 12/13/2011
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Crothers, Daniel John

Highlight: A sniff by a drug detection dog is not a Fourth Amendment search.
A defendant who was lawfully arrested for a traffic violation was not illegally seized during a sniff of the exterior of his vehicle.
A defendant who was not detained was not subject to a Fourth Amendment seizure.