Opinions

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.

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.