Opinions

State v. Aguero (Consol. w/ 20090254) 2010 ND 210
Docket No.: 20090241
Filing Date: 11/9/2010
Case Type: Appeal - Criminal - Homicide
Author: Sandstrom, Dale

Highlight: The U.SConstitution forbids the routine use of visible physical restraints during the guilt phase of a criminal trial, unless the use is justified by an essential state interest.
The Sixth Amendment Confrontation Clause does not require exclusion of non-testimonial statements.
Miranda warnings carry an implicit assurance that silence will not carry a penalty, and the State may not use a criminal defendant's post-Miranda silence at trial against him.

Holbach v. State (Consolidated w/ 20100142-20100146) 2010 ND 209
Docket No.: 20100141
Filing Date: 11/9/2010
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: District court orders denying application for post-conviction relief, order denying motion to amend the judgment, and order on request for return of personal property are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Interest of Disbrow 2010 ND 208
Docket No.: 20100028
Filing Date: 11/9/2010
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

Highlight: A district court order of commitment as a sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Interest of R.J. (CONFIDENTIAL)(CONS. w/20100299 - 20100303) 2010 ND 207
Docket No.: 20100298
Filing Date: 11/9/2010
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: Juvenile court's order terminating parental rights summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Nelson v. Nelson 2010 ND 206
Docket No.: 20100122
Filing Date: 11/9/2010
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: Divorce judgment denying request for spousal support summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Szklarski 2010 ND 205
Docket No.: 20100087
Filing Date: 11/9/2010
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Judgment revoking probation summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Johnson (cross ref. 20100001) 2010 ND 204
Docket No.: 20100135
Filing Date: 11/9/2010
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: District court order denying a motion to extend the time to file a notice of appeal is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Kidwell v. McLean County et al. 2010 ND 203
Docket No.: 20100168
Filing Date: 11/9/2010
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Vanderscoff v. Vanderscoff 2010 ND 202
Docket No.: 20100092
Filing Date: 10/26/2010
Case Type: Appeal - Civil - Divorce - Property
Author: Maring, Mary

Highlight: A motion for reconsideration may be treated as a motion to alter or amend a judgment under N.D.R.Civ.P. 59(j) or as a motion for relief from a judgment or order under N.D.R.Civ.P. 60(b).
On appeal, a court's decision denying a motion for relief from a judgment or order is reviewed to determine whether the court abused its discretion in ruling the moving party did not establish sufficient grounds for disturbing the judgment or order.

Lange v. Dep't of Transp. 2010 ND 201
Docket No.: 20100096
Filing Date: 10/25/2010
Case Type: Appeal - Administrative - Department of Transportation
Author: Kapsner, Carol

Highlight: An arrestee has the responsibility to assert the right to an independent chemical test for intoxication.
The arrestee suffers the consequences of ambiguities in requesting an independent chemical test for intoxication when a law enforcement officer reasonably does not understand that the arrestee is attempting to assert the right to an independent test.
Law enforcement officers cannot interfere with an arrestee's attempts to secure an independent test, but unless an arrestee has done more than request an independent test, law enforcement does not need to assist the arrestee beyond providing access to a telephone.