Opinions

Judicial Vacancy in Judgeship No. 1, Northwest Judicial District 2010 ND 1
Docket No.: 20090366
Filing Date: 1/6/2010
Case Type: Judicial Administration - Rule - Rule
Author:

Highlight: Judgeship retained at Williston.

Interest of W.K. (Confidential) 2009 ND 218
Docket No.: 20090351
Filing Date: 12/22/2009
Case Type: Appeal - Civil - Mental Health
Author: Kapsner, Carol

Highlight: A district court may order involuntary treatment and hospitalization or involuntary treatment with medication only if the court finds a person qualifies as a "person requiring treatment" as defined by N.D.C.C. 25-03.1-02(12).
To qualify as a "person requiring treatment," the district court must find by clear and convincing evidence: (1) the person is mentally ill, and (2) if not treated, there is a reasonable expectation that the person presents a serious risk of harm to herself, others, or property.
A district court's order for involuntary treatment and hospitalization or involuntary treatment with medication will be reversed on appeal only if clearly erroneous.

Lucas v. Riverside Park Condominiums Unit Owners Association 2009 ND 217
Docket No.: 20090122
Filing Date: 12/22/2009
Case Type: Appeal - Civil - Contracts
Author: Sandstrom, Dale

Highlight: Adverse rulings alone are not evidence of judicial bias or partiality.
To prevail on a claim for failure to make a reasonable accommodation under the federal Fair Housing Act and state Housing Discrimination Act, the plaintiff must establish (1) that he or an associate of his is handicapped and that the defendant knew or should have known of this fact; (2) that an accommodation may be necessary to afford the handicapped person an equal opportunity to use and enjoy the dwelling; (3) that such accommodation is reasonable; and (4) that the defendant refused to make the requested accommodation.
Unpublished decisions from other jurisdictions have value only if they are persuasive.
Liability for intentional infliction of emotional distress does not extend to mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities.
A district court must find that a plaintiff's claim was frivolous to award a prevailing defendant costs and attorney fees under the provisions of the federal Fair Housing Act and state Housing Discrimination Act.
A court should not use the wisdom of hindsight to determine whether claims are frivolous.

Judicial Vacancy in Judgeship No. 5, South Central Judicial District 2009 ND 216
Docket No.: 20090345
Filing Date: 12/22/2009
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: Judgeship retained at Bismarck.

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.