Opinions

Wong v. State (cross-reference 20100171) 2011 ND 201
Docket No.: 20110088
Filing Date: 10/18/2011
Case Type: Appeal - Civil - Post-Conviction Relief
Author: VandeWalle, Gerald

Highlight: To succeed on an ineffective assistance of counsel claim, the petitioner must overcome the strong presumption that an attorney's representation is reasonable.
If the petitioner fails to show that his or her attorney's representation fell below an objective standard of reasonableness on a claim of ineffective assistance of counsel, the Court need not analyze whether the petitioner was prejudiced by the attorney's representation.

State v. Nickel (Consolidated w/20100411 & 20100412) 2011 ND 200
Docket No.: 20100410
Filing Date: 10/18/2011
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Crothers, Daniel John

Highlight: Whether an administrative agency has substantially complied with emergency rulemaking requirements is a question of fact subject to the clearly erroneous standard of review.

Holkesvig v. Moore 2011 ND 199
Docket No.: 20110007
Filing Date: 10/18/2011
Case Type: Appeal - Civil - Other
Author: Per Curiam

Highlight: A district court summary judgment dismissing an action for libel and slander and awarding attorney fees under N.D.C.C. 28-26-01(2) is summarily affirmed under N.D.R.App.P. 35.1(a)(1).

Tarnavsky, et al. v. Tarnavsky, et al. (consolidated w/20110027 &20110061) 2011 ND 198
Docket No.: 20100407
Filing Date: 10/18/2011
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Per Curiam

Highlight: Orders denying N.D.R.Civ.P. 60(b) motions summarily affirmed under N.D.R.App.P. 35.1(a)(1).

Wisness v. Nodak Mutual Ins. Co., et al. 2011 ND 197
Docket No.: 20100401
Filing Date: 10/18/2011
Case Type: Appeal - Civil - Insurance
Author: Crothers, Daniel John

Highlight: An excess liability insurance policy is not required to cover the same risks as the underlying insurance policy and must be read on its own to determine if coverage for a claim exists.
No prohibition exists against an insurance company using an exclusion in an insurance policy to prevent an insured from arguing that there is coverage for a particular type of uncovered claim.

State v. Rosen 2011 ND 196
Docket No.: 20110071
Filing Date: 10/18/2011
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Criminal judgment entered after conditional guilty pleas to possession of a controlled substance with intent to deliver or distribute, carrying concealed dangerous weapons, and possession of drug paraphernalia is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

State v. Baatz 2011 ND 195
Docket No.: 20110043
Filing Date: 10/18/2011
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Conviction of gross sexual imposition summarily affirmed under N.D.R.App.P. 35.1(a)(3).
District court's postconviction relief order allowing defendant to file untimely appeal summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Sloan v. N.D. Workforce Safety & Insurance, et al. 2011 ND 194
Docket No.: 20100385
Filing Date: 9/19/2011
Case Type: Appeal - Administrative - Workers Compensation
Author: Maring, Mary

Highlight: Administrative rules that have been properly promulgated have the force and effect of law.
An administrative regulation is void or invalid if the regulation exceeds or supersedes the agency's statutory authority or conflicts with the statute it implements.
Rules and regulations properly promulgated are entitled to deference in the courts, unless they produce an absurd result, are arbitrary and capricious, or are inconsistent with statutes covering the same subject matter.

State v. Gress 2011 ND 193
Docket No.: 20110047
Filing Date: 9/15/2011
Case Type: Appeal - Criminal - Assault
Author: Maring, Mary

Highlight: A decision cannot be properly reviewed on appeal if the district court does not provide an adequate explanation of the basis for its decision.

State v. Woodrow (consolidated w/20100335-20100337) 2011 ND 192
Docket No.: 20100334
Filing Date: 9/15/2011
Case Type: Appeal - Criminal - Sexual Offense
Author: Kapsner, Carol

Highlight: Statutory interpretation is a question of law, which is fully reviewable on appeal.
Words in a statute are given their plain, ordinary, and commonly understood meaning, unless they are defined by statute or unless a contrary intention plainly appears.
A person may be prosecuted in district court as an adult if the person is at least twenty years of age, committed an offense while a child, and was not adjudicated for the offense in juvenile court, unless the state intentionally delayed the prosecution to avoid juvenile court jurisdiction.