Opinions

In the Interest of Voisine 2010 ND 241
Docket No.: 20100163
Filing Date: 12/21/2010
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

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

State v. Miller 2010 ND 240
Docket No.: 20100127
Filing Date: 12/21/2010
Case Type: Appeal - Criminal - Theft
Author: Per Curiam

Highlight: Criminal judgment for unlawfully acting in the capacity of a contractor and two counts of theft of property summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7).

State v. Foss 2010 ND 239
Docket No.: 20100151
Filing Date: 12/21/2010
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Criminal judgment for possession of a controlled substance and unlawful possession of drug paraphernalia is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Cody v. State 2010 ND 238
Docket No.: 20100177
Filing Date: 12/21/2010
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).

Gajewski v. State, et al. 2010 ND 237
Docket No.: 20100231
Filing Date: 12/21/2010
Case Type: Appeal - Civil - Constitutional Law
Author: Per Curiam

Highlight: Order denying motion to vacate judgment summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (4).

Cavendish Farms v. Mathiason Farms (consolidated w/20100123) 2010 ND 236
Docket No.: 20090380
Filing Date: 12/14/2010
Case Type: Appeal - Civil - Contracts
Author: Crothers, Daniel John

Highlight: Although N.D.C.C. 41-01-18 does not authorize a separate, independent claim for relief for breach of the duty of good faith, a failure to perform or enforce a contractual duty or obligation in good faith constitutes a breach of the contract.
A contract to purchase a future crop is a contract for the sale of goods under N.D.C.C. tit. 41, even if the crop has not yet been planted.
When one party is given substantial discretion in its manner of performance of a duty or exercise of a right under a contract, N.D.C.C. 41-01-18 requires that the party exercise that discretion in good faith and in a commercially reasonable manner.
An award of damages that is within the range of the evidence presented will be sustained on appeal.

B.D.H., et al. v. Mickelson, et al. 2010 ND 235
Docket No.: 20100152
Filing Date: 12/7/2010
Case Type: Appeal - Civil - Personal Injury
Author: Maring, Mary

Highlight: North Dakota law precludes a child from bringing a claim against medical providers for wrongful life claim in which the child alleges he or she was born with impairments and would not have been born but for a doctor's negligent advice or treatment of the child's mother.

Hoover v. N.D. Dept. of Transportation (cross-reference 20070258) 2010 ND 234
Docket No.: 20100226
Filing Date: 12/7/2010
Case Type: Appeal - Administrative - Department of Transportation
Author: Per Curiam

Highlight: A judgment revoking a driver's license is summarily affirmed under N.D.R.App.P. 35.1(a)(5).

State v. Huether 2010 ND 233
Docket No.: 20100018
Filing Date: 12/2/2010
Case Type: Appeal - Criminal - Sexual Offense
Author: Sandstrom, Dale

Highlight: Voluntary consent is an exception to the warrant requirement, and the prohibition against the warrantless entry of a person's home does not apply when voluntary consent has been obtained from the individual whose property is searched or from a third party who possesses common authority over the premises.
The Fourth Amendment is not violated if police officers reasonably believe a consenting third party has authority over the property, when viewed from the officers' prospective.
In deciding whether a person is in custody for purposes of a Miranda warning, the relevant inquiry is how a reasonable person in that position would have understood the situation.
A trust relationship between an adult and a child is not an impermissible factor for sentencing.

State v. Steffes 2010 ND 232
Docket No.: 20100148
Filing Date: 12/2/2010
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Crothers, Daniel John

Highlight: A Fourth Amendment seizure occurs when a police officer orders a person to do something or demands a response.