Opinions

State v. Penor 2010 ND 179
Docket No.: 20100042
Filing Date: 9/21/2010
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam

Highlight: Criminal judgment for unauthorized use of a motor vehicle summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Interest of B.B. (CONFIDENTIAL) 2010 ND 178
Docket No.: 20100161
Filing Date: 9/21/2010
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Per Curiam

Highlight: District court judgment terminating parental rights instead of ordering a guardianship is summarily affirmed under N.D.R.App.P. 35.1(a)(2), (4).

State v. Jackson 2010 ND 177
Docket No.: 20100059
Filing Date: 9/21/2010
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: Driving under suspension conviction summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4).

Rayas v. Marchus, et al. 2010 ND 176
Docket No.: 20100139
Filing Date: 9/21/2010
Case Type: Appeal - Civil - Other
Author: Per Curiam

Highlight: Dismissal of case barred by the applicable statute of limitations is summarily affirmed under N.D.R.App.P. 35.1(a)(6).

Thompson v. Jaeger 2010 ND 174
Docket No.: 20100272
Filing Date: 9/7/2010
Case Type: Original Proceeding - Civil - Writ of Certiorari
Author: Sandstrom, Dale

Highlight: A word or a phrase repeated in a constitutional provision is generally given the same meaning throughout the constitution.
A petition for an initiated measure must contain the sponsors' names and addresses, and a petition circulated for signatures without that information is insufficient.
The complete failure to comply with a mandatory constitutional provision for initiated measures is not substantial compliance.
Administrative estoppel requires conduct by the person being estopped which amounts to a false representation or a concealment of material facts.

Adoption of S.M.G. (CONFIDENTIAL) 2010 ND 173
Docket No.: 20100049
Filing Date: 9/3/2010
Case Type: Appeal - Civil - Adoption
Author: Maring, Mary

Highlight: A district court's decision cannot be reviewed when the court does not provide any indication of the evidentiary and theoretical basis for its decis
ion. The trial court errs as a matter of law when it does not make the required findings.

Interest of S.L.W. (CONFIDENTIAL) 2010 ND 172
Docket No.: 20100006
Filing Date: 8/31/2010
Case Type: Appeal - Civil - Paternity
Author: Crothers, Daniel John

Highlight: An alleged father cannot, in a subsequent paternity action, challenge a prior judgment disestablishing the paternity of a presumed or adjudicated father based upon an allegation that the prior action was barred by the statute of limitations.
In a paternity action seeking an order of child support, the district court may order child support effective prior to the date of service of the summons and complaint as reimbursement for governmental assistance provided to the child.

Interest of Maedche 2010 ND 171
Docket No.: 20090268
Filing Date: 8/31/2010
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Sandstrom, Dale

Highlight: North Dakota's commitment of sexually dangerous individuals statute is not unconstitutionally void for vagueness.

Kannianen v. White 2010 ND 170
Docket No.: 20090368
Filing Date: 8/31/2010
Case Type: Appeal - Civil - Real Property
Author: VandeWalle, Gerald

Highlight: When interpreting the language of a prior judgment, a court must presume that the original trial judge considered existing statutes and relevant caselaw, and intended the judgment to conform to the applicable legal standards.

Investors Title Insurance Co. v. Herzig, et al. (Cross-Ref w/20090051) 2010 ND 169
Docket No.: 20090213
Filing Date: 8/31/2010
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Highlight: In construing a trust agreement, the primary objective is to ascertain the settlor's intent.
When a trust instrument is unambiguous, the settlor's intent is ascertained from the language of the trust document itself.
The North Dakota Uniform Trust Code recognizes and enforces valid spendthrift clauses.
The district court's decision to appoint a receiver rests in its sound discretion.
A lis pendens is notice of all facts apparent on the face of the pleadings, and of those facts of which the facts so stated necessarily put the purchaser on the inquiry.