Opinions

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).

State v. Peltier 2010 ND 191
Docket No.: 20100069
Filing Date: 10/19/2010
Case Type: Appeal - Criminal - Sexual Offense
Author:

Highlight: Conviction on two counts of gross sexual imposition summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Matter of M.D. (CONFIDENTIAL) 2010 ND 190
Docket No.: 20100058
Filing Date: 10/19/2010
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

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

Fehl-Haber v. State 2010 ND 189
Docket No.: 20100019
Filing Date: 10/19/2010
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Judgment denying post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Pankowski 2010 ND 188
Docket No.: 20100115
Filing Date: 10/16/2010
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Conviction of possession with intent to manufacture or deliver a controlled substance (methamphetamine) and with intent to flee or attempt to elude a police officer is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Disciplinary Board v. Lucas 2010 ND 187
Docket No.: 20100104
Filing Date: 9/29/2010
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Rule 4.2 of the North Dakota Rules of Professional Conduct, prohibiting attorneys from communicating with a represented party, applies to attorneys who are representing themselves.

Sailer v. Sailer 2010 ND 185
Docket No.: 20100038
Filing Date: 9/21/2010
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: The substantive enforceability of a premarital agreement is a matter of law to be decided by the court.
Determining whether a premarital agreement is "clearly unconscionable" requires the district court to make complete factual findings about the parties' relative property values, in addition to the contesting spouse's other resources and foreseeable needs.

State v. Adams 2010 ND 184
Docket No.: 20090383
Filing Date: 9/21/2010
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Sandstrom, Dale

Highlight: Those who voluntarily choose to live with probationers assume the risk that they, too, will have diminished Fourth Amendment rights in areas shared with the probationer.
What may be considered outside the scope of general consent and thus an unreasonable search may be considered reasonable under the terms of a court-ordered condition allowing for the warrantless search of a probationer.