Opinions

State v. Huber 2011 ND 23
Docket No.: 20100209
Filing Date: 2/8/2011
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Sandstrom, Dale

Highlight: Warrantless discovery of evidence in a defendant's home is justified under the emergency exception if entry was actually motivated by a perceived need to render aid or assistance.
Exigent circumstances and the emergency exception are analogous, but the emergency exception is focused on law enforcement protecting citizens and property as part of its general caretaking responsibilities.

Irish Oil & Gas, Inc. v. Riemer, et al. 2011 ND 22
Docket No.: 20100064
Filing Date: 2/8/2011
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Crothers, Daniel John

Highlight: A contract must be read in its entirety so that all of its provisions are taken into consideration to determine the true intent of the parties.
Distinguishing between a partial or a total failure of consideration is important because it dictates the remedy.

Matter of G.R.H. (CONFIDENTIAL) 2011 ND 21
Docket No.: 20100114
Filing Date: 2/8/2011
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Sandstrom, Dale

Highlight: North Dakota's statutes for the commitment of sexually dangerous individuals function as a proper civil commitment framework because they contain rigid procedural and evidentiary safeguards.
In reviewing a petition for discharge as a sexually dangerous individual, the district court must consider all evidence regarding the individual's treatment to ensure adequate protection for the public and treatment for the individual.

State v. Carpenter 2011 ND 20
Docket No.: 20100085
Filing Date: 2/8/2011
Case Type: Appeal - Criminal - Misc. Felony
Author: Kapsner, Carol

Highlight: A trial court must determine whether a person convicted of a crime is a habitual offender under the statute before enhancing the convicted person's sentence.
Reasonable notice must be given of the State's intention to seek a sentence enhancement for a criminal offender based on a habitual offender status.

State v. Curtis (Cross-reference No. 20080007) 2011 ND 19
Docket No.: 20100154
Filing Date: 2/8/2011
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: Judgment revoking probation summarily affirmed under N.D.R.App.P. 35.1(a)(2), (4), and (7).

State v. Wilson 2011 ND 18
Docket No.: 20100236
Filing Date: 2/8/2011
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam

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

State v. Pederson 2011 ND 17
Docket No.: 20100187
Filing Date: 2/8/2011
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Criminal judgment for gross sexual imposition and sexual assault, and order denying motion for a new trial summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4).

Foreid v. State (cross-reference w/20080128) 2011 ND 16
Docket No.: 20100325
Filing Date: 2/8/2011
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

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

Binstock v. N.D. Dep't. of Transportation 2011 ND 15
Docket No.: 20100287
Filing Date: 2/8/2011
Case Type: Appeal - Administrative - Department of Transportation
Author: Per Curiam

Highlight: The district court's judgment affirming the Department of Transportation's revocation of a driver's license is summarily affirmed under N.D.R.App.P. 35.1(a)(5).

Interest of J.W., a child (CONFIDENTIAL) 2011 ND 14
Docket No.: 20100376
Filing Date: 2/8/2011
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: Order terminating parental rights is summarily affirmed under N.D.R.App.P. 35.1(a)(2).