Opinions

State v. Lehman 2010 ND 134
Docket No.: 20100002
Filing Date: 7/13/2010
Case Type: Appeal - Criminal - Misc. Felony
Author: Maring, Mary

Highlight: To grant a judgment of acquittal, a court must find there is insufficient evidence to sustain a conviction.
The parties must object to an instruction, or failure to give an instruction, on the record.
The standard of review for reconciling a jury verdict is whether the verdict is legally inconsistent.

Halvorson, et al. v. Starr, et al. 2010 ND 133
Docket No.: 20100068
Filing Date: 7/13/2010
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: VandeWalle, Gerald

Highlight: The computation of time for statutory notice of lapse of mineral interest is governed by N.D.C.C. 1-02-15, not the North Dakota Rules of Civil Procedure.

State v. Irwin 2010 ND 132
Docket No.: 20100082
Filing Date: 7/13/2010
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: VandeWalle, Gerald

Highlight: A defendant does not suffer a manifest injustice when pleading guilty to a fifth DUI in seven years, although at the time of arrest he has not yet been convicted of his fourth DUI in seven years.

Interest of C.H. (Confidential) 2010 ND 131
Docket No.: 20100162
Filing Date: 7/13/2010
Case Type: Appeal - Civil - Mental Health
Author: Kapsner, Carol

Highlight: In determining whether an individual is a "person requiring treatment," a district court must consider (1) whether the individual is "mentally ill," and (2) whether there is a reasonable expectation that, if the individual is not hospitalized, there exists a serious risk of harm to himself, others, or property.

Boeckel v. Boeckel 2010 ND 130
Docket No.: 20090302
Filing Date: 7/13/2010
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: Where evidence of domestic violence exists, the district court must make specific and detailed findings regarding the application of the presumption against awarding custody to the perpetrator of domestic violence.

State v. Everett 2010 ND 129
Docket No.: 20090386
Filing Date: 7/13/2010
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Revocation of probation is summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (7).

State v. Colby 2010 ND 128
Docket No.: 20100057
Filing Date: 7/13/2010
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: Criminal judgment summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Disciplinary Board v. Kuhn 2010 ND 127
Docket No.: 20100060
Filing Date: 7/7/2010
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer suspended from the practice of law for ninety days and ordered to pay the costs and expenses of the proceeding for violating N.D.R. Prof. Conduct 1.14, Client With Limited Capacity.
Drafting a will for a client who has been declared incapacitated without obtaining permission or authorization from the client's court-appointed guardian is a violation of N.D.R. Prof. Conduct 1.14.

Workforce Safety & Insurance v. Auck 2010 ND 126
Docket No.: 20090223
Filing Date: 7/2/2010
Case Type: Appeal - Administrative - Workers Compensation
Author: Sandstrom, Dale

Highlight: In an administrative agency case, the factual findings from a final decision by an independent administrative law judge are reviewed under the same standard of review used for agency decisions. The legal conclusions from a final decision by an independent administrative law judge are not entitled to similar deference and are reviewed in the same manner as legal conclusions generally.
Where a reasoning mind reasonably could have determined the weight of the evidence from the record supported the finding that a heart attack resulting in death was caused by unusual stress resulting from an employee's employment with reasonable medical certainty and that the unusual stress was at least fifty percent of the cause of the heart attack as compared with all other contributing causes combined, the reviewing court will affirm.

Lenton v. Lenton 2010 ND 125
Docket No.: 20090294
Filing Date: 6/30/2010
Case Type: Appeal - Civil - Other
Author: Sandstrom, Dale

Highlight: When a finding of domestic violence is based solely on fear of physical harm, the fear must be of imminent physical harm.
A finding of domestic violence may be based on actual harm, or the infliction of fear of imminent harm, or both, but may not be based solely on the infliction of fear of actual harm that may occur at some indefinite time in the future.