Opinions

State v. Zink 2010 ND 230
Docket No.: 20100117
Filing Date: 12/2/2010
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: VandeWalle, Gerald

Highlight: A district court's denial of a motion to suppress evidence will be affirmed unless there is insufficient competent evidence to support the decision, or unless the decision goes against the manifest weight of the evidence.
Appellate review is limited to issues raised before the district court.

State v. Moore 2010 ND 229
Docket No.: 20100238
Filing Date: 12/2/2010
Case Type: Appeal - Criminal - Sexual Offense
Author: Kapsner, Carol

Highlight: The substance of a motion, not the district court's label, determines its proper classification.
Res judicata and misuse of process are affirmative defenses that must be raised by the State before a district court may dismiss an application for post-conviction relief on those grounds.

State v. Duffy 2010 ND 228
Docket No.: 20100126
Filing Date: 12/2/2010
Case Type: Appeal - Criminal - Assault
Author: Per Curiam

Highlight: Criminal judgment for assault summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Curran v. N.D. Workforce Safety & Insurance 2010 ND 227
Docket No.: 20090260
Filing Date: 12/2/2010
Case Type: Appeal - Administrative - Workers Compensation
Author: Sandstrom, Dale

Highlight: A preexisting injury is not compensable unless the employment substantially accelerates its progression or substantially worsens its severity.
In a "battle of the experts," WSI, and following the enactment of N.D.C.C. 65-02-22.1, the administrative law judge, may choose to rely upon either party's expert witnesses but must adequately explain its reasoning for disregarding medical evidence favorable to the claimant.

Everett v. State (cross-reference 20080063 and 20090244) 2010 ND 226
Docket No.: 20100222
Filing Date: 12/2/2010
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Dismissal of application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7).

Schmidt v. Warwick Public School District #29, et al. 2010 ND 225
Docket No.: 20100129
Filing Date: 12/2/2010
Case Type: Appeal - Civil - Other
Author: Per Curiam

Highlight: Judgment of dismissal in a wrongful termination case is summarily affirmed under N.D.R.App.P. 35.1(a)(1), (4), and (6).

State v. Delaney 2010 ND 224
Docket No.: 20100160
Filing Date: 12/2/2010
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

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

Blurton v. State 2010 ND 223
Docket No.: 20100182
Filing Date: 12/2/2010
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: An order denying post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (6).

State v. Berglund 2010 ND 222
Docket No.: 20100186
Filing Date: 12/2/2010
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: Conviction for a second or subsequent violation of a domestic violence protection order summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Missouri Breaks, et al. v. Burns, et al. 2010 ND 221
Docket No.: 20100124
Filing Date: 11/16/2010
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Highlight: A bankruptcy court's confirmation of a reorganization plan is binding on the debtor and any creditor, and, for purposes of res judicata, confirmation is a valid, final judgment by a court of competent jurisdiction.
The Bankruptcy Code vests the trustee with the rights of a bona fide purchaser of real property for value and permits the invalidation of security interests in real property which, although enforceable between the parties, are not perfected at the start of the case because the creditor has failed to fully comply with state recording laws.