Opinions

Perius v. Nodak Mutual Ins. Co., et al. (cross-reference w/20090239) 2012 ND 54
Docket No.: 20110205
Filing Date: 3/15/2012
Case Type: Appeal - Civil - Personal Injury
Author: VandeWalle, Gerald

Highlight: Parties must fully, completely, and fairly disclose the subject matter and substance of their expert witnesses' anticipated trial testimony.
The district court may determine a suitable sanction for a party's failure to supplement interrogatories and may exclude expert testimony that is beyond the scope of a party's responses to interrogatories.

City of Bismarck v. McCormick 2012 ND 53
Docket No.: 20110239
Filing Date: 3/15/2012
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: VandeWalle, Gerald

Highlight: When a matter is transferred from municipal court to district court for a jury trial, the municipal ordinance is not evidence of the act; rather, it is the authority under which the criminal charge was filed and the case was transferred to district court.

Interest of A.N.P. (CONFIDENTIAL) 2012 ND 52
Docket No.: 20120004
Filing Date: 3/15/2012
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: Juvenile court's order affirming judicial referee's order terminating parental rights to a minor child is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Ramirez 2012 ND 51
Docket No.: 20110255
Filing Date: 3/15/2012
Case Type: Appeal - Criminal - Assault
Author: Per Curiam

Highlight: Judgment revoking probation and amending criminal judgment and commitment is summarily affirmed under N.D.R.App.P. 35.1(a)(2), (4) and (7).

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.