Opinions

Matter of Dean 2011 ND 224
Docket No.: 20110079
Filing Date: 12/13/2011
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author:

Highlight: Order civilly committing a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Dailey v. State (cross-reference w/ 20060030) 2011 ND 223
Docket No.: 20110014
Filing Date: 12/13/2011
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Crothers, Daniel John

Highlight: A district court has broad discretion in determining when a period of probation will begin, and the period of probation may begin to run while the defendant is incarcerated.
Section 12.1-32-06.1, N.D.C.C., prohibited the district court from sentencing the defendant on a felony to a period of probation that would not and could not be completed within five years of his release from incarceration for that offense.

Cach LLC v. Steele 2011 ND 222
Docket No.: 20110182
Filing Date: 12/13/2011
Case Type: Appeal - Civil - Debtor/Creditor
Author: Per Curiam

Highlight: Default judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Everett v. State (Cross-reference w/20080063, 20090244, 20100222 & 20100392) 2011 ND 221
Docket No.: 20110189
Filing Date: 12/13/2011
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Orders summarily dismissing an application for post-conviction relief and denying a subpoena request and motion to recuse or remove the district court judge are summarily affirmed under N.D.R.App.P. 35.1(a)(1).

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.