Opinions

State v. Thompson (Consolidated w/20100176) 2011 ND 11
Docket No.: 20100175
Filing Date: 1/12/2011
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Crothers, Daniel John

Highlight: A person has been 'seized' within the meaning of the Fourth Amendment only if a reasonable person would have believed that he was not free to leave.

Guardianship/Conservatorship of G.L. 2011 ND 10
Docket No.: 20100246
Filing Date: 1/12/2011
Case Type: Appeal - Civil - Guardian/Conservator
Author: Sandstrom, Dale

Highlight: A party may not collaterally attack a prior unappealed order in a subsequent proceeding.
A guardian and a conservator are entitled to reasonable compensation for services, and a district court has discretion to determine the amount of reasonable compensation.

Matter of T.O. (CONFIDENTIAL) (cross-reference w/20090181) 2011 ND 9
Docket No.: 20100270
Filing Date: 1/12/2011
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Crothers, Daniel John

Highlight: A district court reviewing the civil commitment of a sexually dangerous individual must make sufficient factual findings to provide the appellate court with the basis for the court's decision.

Disciplinary Board v. Kirschner (Consolidated w/ 20100251) 2011 ND 8
Docket No.: 20100250
Filing Date: 1/12/2011
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Personal matters do not justify or excuse an attorney's misconduct but are mitigating factors that may reduce a disciplinary sanction.
Under the standards for imposing lawyer sanctions, a court imposing a disciplinary sanction against a lawyer should consider the ethical duty violated by the lawyer, the lawyer's mental state, the potential or actual injury caused by the lawyer's misconduct, and the existence of aggravating or mitigating factors.

Investors Title Insurance Co. v. Herzig, et al. 2011 ND 7
Docket No.: 20100108
Filing Date: 1/12/2011
Case Type: Appeal - Civil - Contracts
Author: Maring, Mary

Highlight: Although a district court generally loses jurisdiction when a notice of appeal is filed, an appeal does not stay proceedings for the enforcement of a judgment.
After the time periods set forth in the statute governing cancellation of judgments have passed, a judgment is unenforceable against the judgment debtor.

State v. Martin 2011 ND 6
Docket No.: 20100204
Filing Date: 1/12/2011
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Kapsner, Carol

Highlight: In interpreting a statute, the word "or" is generally disjunctive in nature and indicates an alternative between different things and actions. The literal meaning of the word "or" will apply unless it renders the statute inoperable or its meaning becomes questionable.
The State may pursue both a criminal and civil action simultaneously against the same individual for a public nuisance.

State v. Golden (Cross-reference w/20080301) 2011 ND 5
Docket No.: 20100132
Filing Date: 1/12/2011
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: Conviction for class C felony reckless endangerment is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Berg v. Wysocki 2011 ND 4
Docket No.: 20100179
Filing Date: 1/12/2011
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: A judgment granting primary residential responsibility of a child to one parent, and parenting time to the other, is summarily affirmed under N.D.R.App.P. 35.1(a)(2), (4), and (7).

State v. Pelzl 2011 ND 3
Docket No.: 20100227
Filing Date: 1/12/2011
Case Type: Appeal - Criminal - Assault
Author: Per Curiam

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

State v. Ames 2011 ND 2
Docket No.: 20100224
Filing Date: 1/12/2011
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Order revoking probation is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).