Opinions

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.

Renville v. Renville 2010 ND 200
Docket No.: 20090343
Filing Date: 10/22/2010
Case Type: Appeal - Civil - Divorce - Property
Author: Per Curiam

Highlight: Trial court's valuation of parties' business in divorce proceedings summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).

Joyce v. Joyce 2010 ND 199
Docket No.: 20100185
Filing Date: 10/19/2010
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: A prima facie case for a change of primary residential responsibility requires facts that, if proved at an evidentiary hearing, would support a change of custody that could be affirmed if appealed.
An actual arrangement for primary residential responsibility that is substantially different from a prior judgment may constitute a material change in circumstances for a change of primary residential responsibility.

Johnson v. N.D. Workforce Safety & Insurance, et al. 2010 ND 198
Docket No.: 20090371
Filing Date: 10/19/2010
Case Type: Appeal - Administrative - Workers Compensation
Author: Sandstrom, Dale

Highlight: In reapplying for workers compensation disability benefits, a claimant must show both a significant change in a compensable medical condition and an actual wage loss caused by the significant change in the medical condition.

Hoggarth, et al. v. Kropp 2010 ND 197
Docket No.: 20090326
Filing Date: 10/19/2010
Case Type: Appeal - Civil - Other
Author: Sandstrom, Dale

Highlight: "Disorderly conduct" for the purposes of a disorderly conduct restraining order depends on the total behavior of the respondent, not merely the particular content of speech.
A disorderly conduct restraining order must be narrowly tailored as to time and distance to balance the protection interests of the petitioner with the freedom interests of the respondent.

Marsden v. Koop 2010 ND 196
Docket No.: 20090285
Filing Date: 10/19/2010
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: An extramarital relationship may be relevant to primary residential responsibility if the children were affected by it.
Inherited property is included in the marital estate and is subject to equitable distribution.

R.F. v. M.M., et al. (CONFIDENTIAL) 2010 ND 195
Docket No.: 20100046
Filing Date: 10/19/2010
Case Type: Appeal - Civil - Paternity
Author: Sandstrom, Dale

Highlight: When the plaintiff is not the appropriate party to bring an action under a statute, the court must give the party a reasonable time for ratification, joinder, or substitution of the real party in interest before dismissing the action.
A court's decision on grandparent visitation is a finding of fact, which will not be reversed on appeal unless it is clearly erroneous.
A grandparent does not have to have an existing relationship with the child before a court may award grandparent visitation, but the court must find that the visitation is in the child's best interests and that the visitation will not interfere with the parent-child relationship.

Entzie v. Entzie 2010 ND 194
Docket No.: 20100067
Filing Date: 10/19/2010
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: In calculating a child support obligation, a district court must specifically find an obligor's tax returns are not an adequate reflection of income or are not a reliable indicator of future income before the court can refuse to consider tax return information.
A district court must make specific findings on why averaging the most recent five years of a self-employed obligor's income is insufficient before it may use a shorter period of time to calculate income from self-employment.
An obligor may be found underemployed only after the obligor's income was properly calculated under the child support guidelines.
A district court must state what provision of the guidelines allows the court to impute income to an obligor.

State v. Fischer 2010 ND 193
Docket No.: 20100039
Filing Date: 10/19/2010
Case Type: Appeal - Criminal - Assault
Author: Per Curiam

Highlight: Criminal judgment for assault on a peace officer and terrorizing summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Interest of D.V.A. (CONFIDENTIAL) (Cross-Ref w/20080319) 2010 ND 192
Docket No.: 20100091
Filing Date: 10/19/2010
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author:

Highlight: Order continuing commitment as sexually dangerous individual is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).