Opinions

Engstrom v. N.D. Dep't. of Transportation 2011 ND 235
Docket No.: 20110166
Filing Date: 12/13/2011
Case Type: Appeal - Administrative - Department of Transportation
Author: Kapsner, Carol

Highlight: Observations of bloodshot eyes and slurred speech, along with a police officer's inferences and deductions which may elude a layperson, are sufficient for establishing reasonable and articulable suspicion.
An individual's own words and failing performance of field sobriety tests are relevant factors in determining probable cause for an arrest, but a failing result on a field sobriety test is not required to establish probable cause.

State v. Jones 2011 ND 234
Docket No.: 20110128
Filing Date: 12/13/2011
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: VandeWalle, Gerald

Highlight: The purposes a lawyer can serve and the assistance he or she can provide at the particular stage of the proceedings in question are relevant in determining the type of warnings and procedures required before a waiver of the right to counsel will be recognized.
A swift change of heart after a guilty plea is not necessarily grounds to permit withdrawal of the plea.
Some degree of mental disorder does not necessarily establish a defendant is incompetent or that his or her plea is not voluntary and knowing.

State v. Trevino 2011 ND 232
Docket No.: 20100416
Filing Date: 12/13/2011
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Maring, Mary

Highlight: Rule 11(a)(2), N.D.R.Crim.P., permits a defendant to enter a conditional guilty plea, reserving in writing the right to appeal an adverse determination of specified pretrial motions, including motions in limine.
The lack of a writing under Rule 11(a)(2) may be excused when the transcript is clear that defendant's plea was conditional, the government consented to the conditional plea, and the district court approved the conditional plea.
A person is guilty of reckless driving if the person drives a vehicle either "recklessly" in disregard of the rights or safety of others; or without due caution and circumspection and at a speed or in a manner so as to endanger or be likely to endanger any person or the property of another.
A person engages in conduct "recklessly" if the person engages in the conduct in conscious and clearly unjustifiable disregard of a substantial likelihood of the existence of the relevant facts or risks, such disregard involving a gross deviation from acceptable standards of conduct.

Matter of J.T.N. (CONFIDENTIAL) 2011 ND 231
Docket No.: 20110067
Filing Date: 12/13/2011
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Crothers, Daniel John

Highlight: A finder of fact need not believe the greater number of witnesses.
Claims that the district court improperly relied on the opinion of one expert instead of another challenge the weight the evidence was assigned, not the sufficiency of the evidence.
Because evaluation of credibility is solely a trial court function, this Court will not reweigh expert testimony.
To determine whether an individual is likely to engage in further acts of sexually predatory conduct and has serious difficulty in controlling behavior, experts and courts may consider all relevant evidence.

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).