Opinions

State v. Wolfer 2010 ND 63
Docket No.: 20090323
Filing Date: 4/6/2010
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Crothers, Daniel John

Highlight: The severity of a legal infraction is not relevant when determining whether the officer had reasonable and articulable suspicion to initiate a stop.
The validity of an investigatory stop depends on the reasonableness of the stopping officer's belief that a law had been broken, not on whether the grounds for the stop would ultimately result in conviction.
Whether an officer had reasonable and articulable suspicion that a driver violated North Dakota's practicable lane statute depends on the reasonableness of the officer's suspicion in light of the facts surrounding the stop, including the practicability of maintaining a single lane of travel.

Laib v. Laib 2010 ND 62
Docket No.: 20090284
Filing Date: 4/6/2010
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: An appellant who fails to raise an argument concerning a denied motion in an appeal cannot bring the same motion two years later and appeal its denial.

State v. Fickert 2010 ND 61
Docket No.: 20090224
Filing Date: 4/6/2010
Case Type: Appeal - Criminal - Sexual Offense
Author: Kapsner, Carol

Highlight: Where a defendant seeks to plead guilty over interactive video network ("IVN"), if defense counsel appears from a site separate from the defendant, the district court must (1) make a finding on the record that the defense counsel's participation from a separate site is necessary; (2) confirm on the record that the defendant has knowingly and voluntarily consented to defense counsel's participation from the separate site; and (3) allow confidential attorney-client communication if requested.
Prior to accepting a defendant's guilty plea, the district court must determine whether there is a sufficient factual basis for the plea to ensure that the defendant is guilty of the crime charged.

RRMC Construction v. Bill Barth 2010 ND 60
Docket No.: 20090292
Filing Date: 4/6/2010
Case Type: Appeal - Civil - Contracts
Author: Crothers, Daniel John

Highlight: A district court does not err when it decides between two permissible views of the evidence.
A district court does not abuse its discretion by denying a motion for a new trial when the district court's judgment is upheld on its merits and when an appellant presents identical arguments challenging the merits of the judgment and the denial of a new trial motion.

Wolfer v. N.D. Dept. of Transportation 2010 ND 59
Docket No.: 20090346
Filing Date: 4/6/2010
Case Type: Appeal - Administrative - Department of Transportation
Author: VandeWalle, Gerald

Highlight: The Department of Transportation cannot unilaterally, without notice, decide to take the testimony of a witness telephonically at a hearing on the revocation or suspension of an individual's driving privileges.

Morton County Social Service Board, et al. v. Cramer 2010 ND 58
Docket No.: 20090185
Filing Date: 4/6/2010
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: A stricter statutory standard for modifying custody applies when a motion to modify custody is made within two years of a prior order establishing custody.
A district court's decision whether to modify custody is a finding of fact, which will not be reversed on appeal unless it is clearly erroneous.

State v. M.B. (CONFIDENTIAL) 2010 ND 57
Docket No.: 20090276
Filing Date: 4/6/2010
Case Type: Appeal - Criminal - Sexual Offense
Author: VandeWalle, Gerald

Highlight: Whether a statute is unconstitutional is a question of law, and a statute will be upheld unless its challenger demonstrates the statute is unconstitutional.

Seiler v. Dept. of Human Services 2010 ND 55
Docket No.: 20090305
Filing Date: 4/6/2010
Case Type: Appeal - Civil - Administrative Proceeding
Author: Crothers, Daniel John

Highlight: An appeal from an administrative decision must challenge the agency's ultimate decision; otherwise, the court is called on to issue an impermissible advisory opinion.
Statutes are construed to avoid constitutional infirmities.

Hoffner v. Job Service N.D. 2010 ND 54
Docket No.: 20090357
Filing Date: 4/6/2010
Case Type: Appeal - Administrative - Unemployment/Job Service
Author: Per Curiam

Highlight: Judgment affirming Job Service North Dakota's denial of unemployment benefits is summarily affirmed under N.D.R.App.P. 35.1(a)(5).

State v. Smestad (consolidated w/20090272, 20090273, & 20090303) 2010 ND 53
Docket No.: 20090271
Filing Date: 4/6/2010
Case Type: Appeal - Criminal - Theft
Author: Per Curiam

Highlight: Criminal judgments entered upon guilty pleas of theft of property and an order revoking probation are summarily affirmed under N.D.R.App.P. 35.1(a)(4).