Opinions

State v. Bernsdorf 2010 ND 123
Docket No.: 20100017
Filing Date: 6/30/2010
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Crothers, Daniel John

Highlight: The State cannot appeal a judgment of acquittal.

Aurora Medical Park v. Kidney & Hypertension Center 2010 ND 122
Docket No.: 20090331
Filing Date: 6/30/2010
Case Type: Appeal - Civil - Other
Author: VandeWalle, Gerald

Highlight: In an eviction action the right to the possession of the real estate is the only fact that can be rightfully litigated unless damages or rent is claimed.
It is for the legislature to weigh conflicting public policy arguments and to enact accordingly.

State v. Wanner 2010 ND 121
Docket No.: 20090280
Filing Date: 6/30/2010
Case Type: Appeal - Criminal - Misc. Felony
Author: Maring, Mary

Highlight: The purpose of sequestration is to prevent one witness's testimony from influencing another.
If the objecting party clearly shows by offer of proof or other appropriate means, a witness's testimony would be influenced by prior testimony the witness heard in violation of a sequestration order, it would be an abuse of discretion for the court to allow the witness to testify.

State v. Mohl 2010 ND 120
Docket No.: 20100009
Filing Date: 6/30/2010
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Maring, Mary

Highlight: An officer observing a vehicle touch the fog line approximately sixteen times and the center line approximately eight times in three miles has reasonable suspicion to stop the vehicle.

Brummund v. Brummund (Cross Ref w/ 20080170) 2010 ND 119
Docket No.: 20090219
Filing Date: 6/30/2010
Case Type: Appeal - Civil - Divorce - Property
Author: Crothers, Daniel John

Highlight: Under the Uniform Premarital Agreement Act, prospective spouses may contract with respect to their rights in the property of either or both of them whenever and wherever acquired, and may specify the disposition of property upon divorce.

Burris Carpet Plus, Inc. v. Burris, et al. 2010 ND 118
Docket No.: 20090104
Filing Date: 6/30/2010
Case Type: Appeal - Civil - Other
Author: VandeWalle, Gerald

Highlight: To prevail on a trademark infringement claim, a plaintiff must first show it has a valid mark that merits protection.
A valid trademark is a distinctive mark, symbol, or designation used by a producer or manufacturer to identify and distinguish its services or goods from the services or goods of others.
Ownership rights in a trademark accrue when the mark is used or displayed in the marketplace.
The use of a corporate name in connection with goods or services is not "use" of each word in the name for trademark purposes.
A name that a business entity uses that is not required to be registered as a trade name may still be registered to receive the protections of the trade name statutes.
State and federal courts have concurrent jurisdiction over claims arising under the Lanham Act.
When there is no express constitutional or statutory declaration upon a subject, the common law is applied.

State v. Emil (Consolidated w/20090287) 2010 ND 117
Docket No.: 20090286
Filing Date: 6/30/2010
Case Type: Appeal - Criminal - Misc. Felony
Author: Kapsner, Carol

Highlight: The State may appeal from an order suppressing evidence only "when accompanied by a statement of the prosecuting attorney asserting that the appeal is not taken for purpose of delay and that the evidence is a substantial proof of a fact material in the proceeding."
To meet the statutory requirements, the prosecutor's statement must explain the relevance of the suppressed evidence, or the relevance must be clear from the record.

Holbach v. Holbach, et al. 2010 ND 116
Docket No.: 20090319
Filing Date: 6/30/2010
Case Type: Appeal - Civil - Real Property
Author: Kapsner, Carol

Highlight: When a settlement agreement is wholly incorporated into a divorce judgment, the settlement is merged into the judgment and ceases to be independently viable.
Contracts to devise property are enforceable and become irrevocable upon the death of one of the parties.
An agreement to agree is enforceable if the essential terms of the agreement are reasonably certain and definite.
Contractual terms are reasonably certain and definite if they provide a basis for determining the existence of a breach and for giving an appropriate remedy.

State v. Gunderson 2010 ND 115
Docket No.: 20100050
Filing Date: 6/30/2010
Case Type: Appeal - Criminal - Assault
Author: Per Curiam

Highlight: Order requiring restitution is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Ellis v. North Dakota State University 2010 ND 114
Docket No.: 20090313
Filing Date: 6/17/2010
Case Type: Appeal - Civil - Employer/Employee Dispute
Author: VandeWalle, Gerald

Highlight: When this Court has decided a legal question and remanded the case for further proceedings, the question will not be decided differently on a subsequent appeal in the same case where the facts remain the same.