Opinions

Interest of T.T., a Child (CONFIDENTIAL) 2011 ND 111
Docket No.: 20110066
Filing Date: 6/21/2011
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Crothers, Daniel John

Highlight: A sequestration order does not prohibit out-of-court communication unless the court specifically states the communication is prohibited.
Social services can pursue termination of parental rights and reunification of a parent and child at the same time.

Disciplinary Board v. Stensland 2011 ND 110
Docket No.: 20100304
Filing Date: 6/21/2011
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: The Supreme Court defers to a hearing panel's findings on the credibility of witnesses in a disciplinary proceeding because the hearing panel had the opportunity to observe the witnesses' demeanor and hear the witnesses testify.
Sequestration of witnesses is intended to prevent witnesses from tailoring their testimony in light of the testimony of other witnesses and to permit discovery of false testimony and other credibility problems.
Each disciplinary matter must be considered on its own facts when deciding the appropriate sanction to apply.

Landrum v. Workforce Safety and Insurance 2011 ND 108
Docket No.: 20100374
Filing Date: 6/21/2011
Case Type: Appeal - Administrative - Workers Compensation
Author: VandeWalle, Gerald

Highlight: Administrative res judicata must be applied in light of N.D.C.C. 65-05-04, which grants WSI continuing jurisdiction to review an award of benefits.
WSI's continuing jurisdiction is not contingent on the presence of new medical evidence.
The underlying purpose of administrative res judicata, to preserve scarce administrative resources and avoid wasteful expense and delay, guides the application of the doctrine.
The claimant bears the burden of proving by a preponderance of the evidence a continuing entitlement to benefits.

Becker v. Becker 2011 ND 107
Docket No.: 20100225
Filing Date: 6/21/2011
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: A district court must comply with the child support guidelines to determine an obligor's child support obligation, and a court errs as a matter of law if it fails to comply with the guidelines.
A court must properly find an obligor's net income, applying the child support guidelines, and must make specific findings about the net income and how it was determined.
An unemployed or underemployed child support obligor's income cannot be imputed if the obligor's actual gross earnings from all types of income exceed the greatest amount of income that could be imputed.

State v. Zottnick (CONSOLIDATED W/20110069) 2011 ND 106
Docket No.: 20100111
Filing Date: 6/21/2011
Case Type: Appeal - Criminal - Assault
Author: Per Curiam

Highlight: Criminal judgment for simple assault-domestic violence (second offense or more) and order denying post-conviction relief application affirmed under N.D.R.App.P. 35.1(a)(2) and (3).

Matter of J.M. (CONFIDENTIAL) 2011 ND 105
Docket No.: 20100398
Filing Date: 6/21/2011
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

Highlight: Order continuing commitment as a sexually dangerous individual summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Rogers 2011 ND 104
Docket No.: 20110033
Filing Date: 6/21/2011
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Amended criminal judgment and order revoking probation summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

State v. Shoup 2011 ND 103
Docket No.: 20110005
Filing Date: 6/21/2011
Case Type: Appeal - Criminal - Assault
Author: Per Curiam

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

Interest of C.L.(CONFIDENTIAL) 2011 ND 102
Docket No.: 20110111
Filing Date: 6/21/2011
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: Order granting motion to terminate parental rights summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Application of Bjerke 2011 ND 101
Docket No.: 20110022
Filing Date: 6/21/2011
Case Type: Appeal - Civil - Other
Author:

Highlight: Order granting application to change minor child's name summarily affirmed under N.D.R.App.P. 35.1(a)(4).