Opinions

Quality Bank, et al. v. Cavett 2010 ND 183
Docket No.: 20100024
Filing Date: 9/21/2010
Case Type: Appeal - Civil - Contracts
Author: Kapsner, Carol

Highlight: Whether a contract is unconscionable is a question of law for the court to decide and depends upon the factual circumstances of each case.
When determining whether a contract is unconscionable, courts look for procedural unconscionability, which encompasses factors relating to unfair surprise, oppression, and inequality of bargaining power, and substantive unconscionability, which deals with the harshness of the contract, as well as whether the contract is commercially reasonable.

Bjarko v. State (consolidated w/20100071) 2010 ND 182
Docket No.: 20100070
Filing Date: 9/21/2010
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. Kraft 2010 ND 181
Docket No.: 20100005
Filing Date: 9/21/2010
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Judgment of conviction of manufacturing methamphetamine and possession of drug paraphernalia is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).

Darby v. State 2010 ND 180
Docket No.: 20090347
Filing Date: 9/21/2010
Case Type: Appeal - Civil - Post-Conviction Relief
Author:

Highlight: District court amended order denying an application for post-conviction relief summarily affirmed under N.D.R.App.P. 35.1(a)(2).

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.