Opinions

Disciplinary Board v. Kirschner (Consolidated w/ 20100251) 2011 ND 8
Docket No.: 20100250
Filing Date: 1/12/2011
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Personal matters do not justify or excuse an attorney's misconduct but are mitigating factors that may reduce a disciplinary sanction.
Under the standards for imposing lawyer sanctions, a court imposing a disciplinary sanction against a lawyer should consider the ethical duty violated by the lawyer, the lawyer's mental state, the potential or actual injury caused by the lawyer's misconduct, and the existence of aggravating or mitigating factors.

Investors Title Insurance Co. v. Herzig, et al. 2011 ND 7
Docket No.: 20100108
Filing Date: 1/12/2011
Case Type: Appeal - Civil - Contracts
Author: Maring, Mary

Highlight: Although a district court generally loses jurisdiction when a notice of appeal is filed, an appeal does not stay proceedings for the enforcement of a judgment.
After the time periods set forth in the statute governing cancellation of judgments have passed, a judgment is unenforceable against the judgment debtor.

State v. Martin 2011 ND 6
Docket No.: 20100204
Filing Date: 1/12/2011
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Kapsner, Carol

Highlight: In interpreting a statute, the word "or" is generally disjunctive in nature and indicates an alternative between different things and actions. The literal meaning of the word "or" will apply unless it renders the statute inoperable or its meaning becomes questionable.
The State may pursue both a criminal and civil action simultaneously against the same individual for a public nuisance.

State v. Golden (Cross-reference w/20080301) 2011 ND 5
Docket No.: 20100132
Filing Date: 1/12/2011
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: Conviction for class C felony reckless endangerment is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Berg v. Wysocki 2011 ND 4
Docket No.: 20100179
Filing Date: 1/12/2011
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: A judgment granting primary residential responsibility of a child to one parent, and parenting time to the other, is summarily affirmed under N.D.R.App.P. 35.1(a)(2), (4), and (7).

State v. Pelzl 2011 ND 3
Docket No.: 20100227
Filing Date: 1/12/2011
Case Type: Appeal - Criminal - Assault
Author: Per Curiam

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

State v. Ames 2011 ND 2
Docket No.: 20100224
Filing Date: 1/12/2011
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

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

State v. Buller 2011 ND 1
Docket No.: 20100215
Filing Date: 1/11/2011
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam

Highlight: Sex offernder registration order summarily affirmed under N.D.R.App.P. 35.1(a)(7).

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.