Opinions

State v. Moore 2009 ND 215
Docket No.: 20090143
Filing Date: 12/21/2009
Case Type: Appeal - Criminal - Theft
Author: Per Curiam

Highlight: District court order setting restitution and amending criminal judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Woodward v. Woodward (Consolidated w/ 20090053) 2009 ND 214
Docket No.: 20080343
Filing Date: 12/18/2009
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: Civil contempt requires a willful and inexcusable intent to violate a court order, and a complainant must clearly and satisfactorily show that the alleged contempt has been committed.
Issues not raised or considered in the district court cannot be raised for the first time on appeal.
A district court may order psychological evaluations for a parent if it is in a child's best interests.

Minto Grain, et al. v. Tibert, et al. 2009 ND 213
Docket No.: 20080300
Filing Date: 12/17/2009
Case Type: Appeal - Civil - Real Property
Author: VandeWalle, Gerald

Highlight: The district court's decision on a motion for judgment as a matter of law is fully reviewable on appeal under the same standard as the district court, examining the sufficiency of the evidence viewing the evidence supporting the jury verdict as true, and deciding whether that evidence is so insufficient, reasonable minds could reach only one conclusion.
A party making a motion for new trial is limited on appeal to the grounds in that motion.
The grounds for post-trial motions must be stated with "particularity."
A district court's denial of a new trial motion based on juror misconduct will not be reversed unless the court abused its discretion.

Dunford v. Tryhus 2009 ND 212
Docket No.: 20090178
Filing Date: 12/15/2009
Case Type: Appeal - Civil - Personal Injury
Author: Crothers, Daniel John

Highlight: Statutes of limitations are a legal bar to a cause of action and begin to run when the underlying cause of action accrues. Accrual typically occurs at the commission of the wrongful act giving rise to the cause of action, and an injury usually arises contemporaneously with the wrongful act causing the injury.
The discovery rule is an exception to the statute of limitations and, if applicable, postpones a claim's accrual until the plaintiff knew, or with the exercise of reasonable diligence should have known, of the wrongful act and its resulting injury.

Ude v. Ude 2009 ND 211
Docket No.: 20090070
Filing Date: 12/15/2009
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: The district court may extend an existing protection order after the petitioner shows there has been actual or imminent domestic violence prior to the extension.
Factors affecting extension of a protection order include threats of violence, violations of previous protection orders, a petitioner's fear of the respondent, and the history of the parties.
A district court's authority to issue or extend a protection order includes the authority to modify the child visitation terms of an existing divorce decree.

State v. Grant 2009 ND 210
Docket No.: 20090076
Filing Date: 12/15/2009
Case Type: Appeal - Criminal - Sexual Offense
Author: Kapsner, Carol

Highlight: In a sexual assault case, statements reasonably pertinent to the medical diagnosis and treatment of physical and psychological trauma are admissible under N.D.R.Ev. 803(4).
Under N.D.R.Ev. 803(4), courts may admit statements for the purpose of medical diagnosis or treatment made by the person seeking treatment or a third party, so long as the relationship between the person seeking treatment and the third party is sufficiently close to ensure that the guaranty of trustworthiness inherent in the rule applies under the circumstances.
When reviewing appeals regarding the sufficiency of the evidence in criminal cases, the defendant must show that the evidence, when viewed in the light most favorable to the verdict, reveals no reasonable inference of guilt.

Matter of T.O. (CONFIDENTIAL) 2009 ND 209
Docket No.: 20090181
Filing Date: 12/15/2009
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: VandeWalle, Gerald

Highlight: A person can be committed as a sexually dangerous individual if the individual's likelihood to engage in further acts of sexually predatory conduct which constitutes a danger to the physical or mental health or safety of others is proven by evidence of the individual's scores on actuarial assessment instruments, violation of treatment center rules, failure to complete treatment, and acting out sexually.

Machart v. Machart 2009 ND 208
Docket No.: 20090139
Filing Date: 12/15/2009
Case Type: Appeal - Civil - Child Support
Author: VandeWalle, Gerald

Highlight: A child's preference to live with one parent can constitute a material change in circumstances, justifying a change in primary residential responsibility.
A district court that does not sufficiently document a child support obligor's income errs as a matter of law.
A district court that does not consider a child living with a child support obligor who is not also a child of the obligee errs as a matter of law.

First International Bank & Trust v. Peterson, et al. 2009 ND 207
Docket No.: 20090214
Filing Date: 12/15/2009
Case Type: Appeal - Civil - Contracts
Author: VandeWalle, Gerald

Highlight: A lender that pays a borrower's debt by purchasing property at a foreclosure sale for the full amount of the indebtedness discharges guaranties on the loan.
Failure to respond to a letter, when there is no legal requirement to do so, does not constitute inaction upon which a party can rely to prove a waiver or estoppel claim.

Matter of Lila Peterson's dogs (cross-reference with 20080094) 2009 ND 206
Docket No.: 20090160
Filing Date: 12/15/2009
Case Type: Appeal - Civil - Other
Author: Kapsner, Carol

Highlight: Under N.D.C.C. 36-21.1-06(1), probable cause to confiscate an animal exists when a sheriff, police officer, licensed veterinarian, or investigator knows of facts and circumstances sufficient to warrant a reasonable belief that the animal is being unjustifiably exposed to cold or inclement weather or not being properly fed and watered.
A district court's determination of whether an animal owner can provide adequate care for a confiscated animal under N.D.C.C. 36-21.1-06(8) will be reversed only if clearly erroneous.