Opinions

American Bank Center v. Wiest, et al. 2010 ND 251
Docket No.: 20100027
Filing Date: 12/23/2010
Case Type: Appeal - Civil - Contracts
Author: Crothers, Daniel John

Highlight: Fraud and deceit may be imputed from an agent to the principal.
A principal cannot take the benefit of the transaction conducted by its agent ostensibly on its behalf without assuming full responsibility, not only for his acts, but also for his knowledge.
The adverse interest exception applies only when a third person seeks to enforce some demand against the corporation, but has no application where the corporation seeks to enforce the benefit of a fraud perpetrated by its officer on a third person.
Rescission of a contract is not a matter of absolute right, but instead is committed to the district court's sound discretion.

RECALLND v. Jaeger 2010 ND 250
Docket No.: 20100228
Filing Date: 12/21/2010
Case Type: Original Proceeding - Civil - Writ of Mandamus
Author: Sandstrom, Dale

Highlight: The North Dakota Constitution limits the people's recall power to "certain elected officials" holding offices created under the laws of North Dakota.
The Secretary of State must exercise a certain amount of discretion in carrying out his duties under N.D. Const. art. III, and it is appropriate for him to rely on the Attorney General's opinion when uncertain about a legal question.

Interest of A.B., a Child (CONFIDENTIAL)(CONSOLIDATED W/201000352) 2010 ND 249
Docket No.: 20100351
Filing Date: 12/21/2010
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Maring, Mary

Highlight: A juvenile court may terminate a parent's right to a child if the court finds the child is a deprived child; the conditions and causes of deprivation are likely to continue; and the child is suffering or will probably suffer serious physical, mental, moral, or emotional harm.

State v. Buckley 2010 ND 248
Docket No.: 20100033
Filing Date: 12/21/2010
Case Type: Appeal - Criminal - Misc. Felony
Author: Kapsner, Carol

Highlight: A conviction for manslaughter does not improperly rely on guilt by omission where the prosecution proves the defendant engaged in conduct recklessly and failed to provide the proper level of care for the victim, the defendant's child.
A trial court does not err by rejecting the defendant's request to instruct the jury on a civil instruction for proximate cause where the statutory definitions of manslaughter and recklessness are sufficient.
Evidence of a defendant's drug possession and use is relevant to criminal charges of drug possession, and to the level of care the defendant's child received from the defendant.
Prejudice resulting from the probative value of evidence does not make the evidence unfairly prejudicial.

Duff v. Kearns-Duff 2010 ND 247
Docket No.: 20100116
Filing Date: 12/21/2010
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: A parent's recent and relative financial contribution to a marriage is an impermissible consideration for analyzing child custody.
Rehabilitative spousal support may be awarded to equalize the burdens of a divorce or to restore an economically disadvantaged spouse to independent status by providing the disadvantaged spouse an opportunity to acquire an education, training, work skills, or experience to become adequately rehabilitated.

State v. Charbonneau 2010 ND 246
Docket No.: 20100089
Filing Date: 12/21/2010
Case Type: Appeal - Criminal - Drugs/Contraband
Author: VandeWalle, Gerald

Highlight: The Uniform Controlled Substances Act is not a habitual offender statute.
The term "offense" under the Uniform Controlled Substances Act means "the actor's conduct, not the ultimate conviction."
Under the Uniform Controlled Substances Act, a plea or finding of guilty for a prior offense must occur before new criminal conduct occurs.

Grand Forks Housing Authority v. Grand Forks Board of County Commissioners 2010 ND 245
Docket No.: 20100196
Filing Date: 12/21/2010
Case Type: Appeal - Civil - Administrative Proceeding
Author: Maring, Mary

Highlight: A housing authority may agree to make payments to the state or a political subdivision in lieu of taxes, even when the property is tax-exempt.
A board of county commissioners does not act arbitrarily, capriciously, or unreasonably when substantial evidence supports its factual findings.
A district court does not abuse its discretion by denying a motion to remand for additional evidence when the party seeking remand had the opportunity, but failed to present such additional evidence at the hearing before the local governing body and when such additional evidence is not material to the district court's review of the local governing body's decision.

State v. Franzen 2010 ND 244
Docket No.: 20100105
Filing Date: 12/21/2010
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Crothers, Daniel John

Highlight: The continued seizure of a traffic violator after the purposes of the initial traffic stop are completed violates the Fourth Amendment unless the officer has reasonable suspicion for believing criminal activity is afoot.
The use of a masking odor and extreme nervousness are relevant factors in deciding whether reasonable suspicion exists.

Pizza Corner v. C.F.L. Transport 2010 ND 243
Docket No.: 20100084
Filing Date: 12/21/2010
Case Type: Appeal - Civil - Contracts
Author: Crothers, Daniel John

Highlight: The business records exception to the hearsay rule can apply to a document created by a third party if the offering company integrated the record into its own records and relied on it, and if the record meets the other requirements of N.D.R.Ev. 803(6).

City of Grand Forks v. Riemers 2010 ND 242
Docket No.: 20100107
Filing Date: 12/21/2010
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam

Highlight: Conviction for driving without liability insurance summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4).