Opinions

Overlie v. State 2011 ND 191
Docket No.: 20110091
Filing Date: 9/15/2011
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Kapsner, Carol

Highlight: Before the district court may summarily dismiss an application for post-conviction relief, the State's response to the application must demonstrate it is entitled to judgment as a matter of law.
When an application for post-conviction relief is not facially invalid, the district court must provide the applicant with notice and an opportunity to provide evidentiary support for his allegations.

Simons v. State 2011 ND 190
Docket No.: 20110012
Filing Date: 9/15/2011
Case Type: Appeal - Civil - Administrative Proceeding
Author: Sandstrom, Dale

Highlight: A parent's use of reasonable force to prevent or punish misconduct or maintain discipline may not provide the basis for a finding that a child is an abused child.
All regularly enacted statutes carry a strong presumption of constitutionality, which is conclusive unless the party challenging the statute clearly demonstrates that it contravenes the state or federal constitution.
To survive a vagueness challenge, a statute need not set out in explicit detail all possible factual scenarios that would fall within its reach; it need only give adequate and fair warning, when measured by the common understanding and practice of a "reasonable person," of the proscribed conduct.

Interest of A.L.(CONFIDENTIAL) (consolidated w/20110175-20110177) 2011 ND 189
Docket No.: 20110174
Filing Date: 9/15/2011
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Kapsner, Carol

Highlight: A juvenile court may terminate parental rights solely on a finding of deprivation and that a child has been in foster care for at least four hundred fifty out of the previous six hundred sixty nights.

Weeks v. Workforce Safety & Insurance 2011 ND 188
Docket No.: 20110024
Filing Date: 9/15/2011
Case Type: Appeal - Administrative - Workers Compensation
Author: Maring, Mary

Highlight: Absent authority and a reasoned analysis to support it, the mere assertion of a statute's unconstitutionality is insufficient to adequately raise a constitutional question.
A party pursuing a constitutional claim must make a strong case supported by both fact and law or forgo the claim.

City of Dickinson v. Hewson 2011 ND 187
Docket No.: 20110018
Filing Date: 9/15/2011
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: VandeWalle, Gerald

Highlight: A law enforcement officer must have a reasonable and articulable suspicion that a motorist has violated or is violating the law to justify stopping a moving vehicle for investigation.
Information from an informant whose identity is easily ascertainable has a higher indicia of reliability than information obtained from a purely anonymous informant.

State v. Vondal (Consolidated w/20100390) 2011 ND 186
Docket No.: 20100389
Filing Date: 9/15/2011
Case Type: Appeal - Criminal - Assault
Author: Crothers, Daniel John

Highlight: Issues that were not raised before the district court will not be considered on appeal; however, an obvious error that affects substantial rights may be considered for the first time on appeal.
A crime is committed when all of its essential elements are present and complete.
The Sixth Amendment Confrontation Clause provides criminal defendants with the right to cross-examine witnesses, but the scope of the cross-examination is in the court's discretion.

Brandvold, et al. v. Lewis and Clark Public School District 2011 ND 185
Docket No.: 20110039
Filing Date: 9/15/2011
Case Type: Original Proceeding - Civil - Writ of Mandamus
Author: Crothers, Daniel John

Highlight: Declaratory judgment requires an actual controversy to be determined, and a declaratory judgment is unavailable if the issues have become moot.
Challenges to the result of an election based upon pre-election irregularities which are peculiar to a particular election are moot, and not appropriate for declaratory relief, once the underlying election is completed.

Benz Farm, LLP v. Cavendish Farms, Inc. 2011 ND 184
Docket No.: 20110025
Filing Date: 9/15/2011
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Highlight: A provision in a written contract for the sale of goods precluding oral modification or rescission of the parties' agreement is valid and enforceable.
The Unlawful Sales or Advertising Practices Act prohibits deceptive and fraudulent conduct by the seller of merchandise; it does not apply to, or create a cause of action against, a purchaser of merchandise.
When leave to amend the complaint is sought after discovery has closed and the opposing party has made a motion for summary judgment, the proposed amendment must be not only theoretically viable but also solidly grounded in the record, and the amendment is classified as futile unless its allegations are supported by substantial evidence.

Bornsen, et al. v. Pragotrade, LLC, et al. 2011 ND 183
Docket No.: 20110087
Filing Date: 9/15/2011
Case Type: Certified Question - Civil - Civil
Author: Crothers, Daniel John

Highlight: North Dakota does not apply the "apparent manufacturer" doctrine in products liability cases.

State v. Deviley (consolidated w/20100326) 2011 ND 182
Docket No.: 20100289
Filing Date: 9/15/2011
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Sandstrom, Dale

Highlight: Investigative detention may continue as long as reasonably necessary to conduct duties resulting from a traffic stop and to issue a warning or citation.
The existence of reasonable suspicion is assessed by taking into account the inferences and deductions that an investigating officer would make that may elude a layperson.