Opinions

Holbach v. State 2011 ND 181
Docket No.: 20110026
Filing Date: 9/15/2011
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Appeal from denial of application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6).

Nadeau v. State 2011 ND 180
Docket No.: 20110057
Filing Date: 9/15/2011
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Order dismissing application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6).

Moore v. State 2011 ND 179
Docket No.: 20110052
Filing Date: 9/15/2011
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Order dismissing application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6).

State v. Jackson 2011 ND 178
Docket No.: 20110063
Filing Date: 9/15/2011
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: Criminal judgment entered after a jury found the defendant guilty of driving while license suspended is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).

State v. Johnson 2011 ND 177
Docket No.: 20110011
Filing Date: 9/15/2011
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam

Highlight: Criminal judgment entered after a jury found the defendant guilty of disobedience of a judicial order is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Industrial Contractors, Inc. v. Workforce Safety & Insurance, et al. 2011 ND 176
Docket No.: 20110135
Filing Date: 9/15/2011
Case Type: Appeal - Administrative - Workers Compensation
Author:

Highlight: A district court judgment dismissing employer's appeal of a Workforce Safety & Insurance order is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

State v. Curtiss 2011 ND 175
Docket No.: 20110062
Filing Date: 9/15/2011
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)(4).

State v. Owens 2011 ND 174
Docket No.: 20110004
Filing Date: 9/15/2011
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Criminal judgment for gross sexual imposition is affirmed under N.D.R.App.P. 35.1(a)(3).

State ex rel. I.R.S. v. Landrus 2011 ND 173
Docket No.: 20110112
Filing Date: 9/15/2011
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: A district court order denying a motion to reconsider a default judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Saltsman v. Sharp, et al. 2011 ND 172
Docket No.: 20100404
Filing Date: 9/7/2011
Case Type: Appeal - Civil - Personal Injury
Author: Kapsner, Carol

Highlight: A person is responsible for an injury occasioned to another by the person's want of ordinary care or skill in the management of the person's property or self.
Under premises liability law, landowners owe a duty to lawful entrants upon their land to maintain their property in a reasonably safe condition, so as not to damage others, and exercising caution and reasonable care under the circumstances.
It must be clear the defendant had control of the premises and an opportunity to observe any duty before the defendant owes a duty of care.
Separate duties to lawful entrants are no longer recognized, and separate duties of care owed to invitees or licensees are not considered.
Summary judgment is inappropriate if the district court must draw inferences and make findings on disputed facts to support summary judgment.