Opinions

Matter of Wolff 2009 ND 199
Docket No.: 20090210
Filing Date: 12/15/2009
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

Highlight: Order denying petition for discharge from commitment as a sexually dangerous individual summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Sample v. N.D. Department of Transportation 2009 ND 198
Docket No.: 20090106
Filing Date: 12/2/2009
Case Type: Appeal - Administrative - Department of Transportation
Author: Maring, Mary

Highlight: The Department of Transportation may suspend a motor vehicle dealer's license for violating N.D.C.C. 39-04-17.
Leaving the manner and means of exercising an administrative agency's powers to the discretion of the agency implies a range of reasonableness within which the agency's exercise of discretion will not be interfered with by the judiciary.
Whether an individual has "willfully violated" a legal duty is a question of fact.

Swenson v. Workforce Safety & Insurance 2009 ND 197
Docket No.: 20090138
Filing Date: 11/30/2009
Case Type: Appeal - Administrative - Workers Compensation
Author: Maring, Mary

Highlight: Inconsistencies in a medical expert's opinions may be considered by WSI in assessing the credibility of medical evidence.
There is no presumption entitling a treating physician's opinion to great weight.

Landsiedel v. Director, N.D. Dept. of Transp. (consol. with 20090057) 2009 ND 196
Docket No.: 20090056
Filing Date: 11/17/2009
Case Type: Appeal - Administrative - Department of Transportation
Author: Kapsner, Carol

Highlight: The Department of Transportation cannot unilaterally decide hearings regarding the suspension or revocation of drivers' licenses for alcohol-related offenses will be by telephone.

Conservatorship of T.K. 2009 ND 195
Docket No.: 20090035
Filing Date: 11/17/2009
Case Type: Appeal - Civil - Guardian/Conservator
Author: Sandstrom, Dale

Highlight: A conservator may be appointed for a protected person if the person is unable to manage property and affairs because of advanced age or mental deficiency.
A conservator may be appointed consistent with the maximum self-reliance and independence of the protected person.
Absent good cause, a court shall appoint a conservator according to the protected person's most recent nomination in a durable power of attorney.
A party may be entitled to attorney fees incurred in the good-faith initiation of a conservatorship proceeding.

Matter of O.H.W. (Confidential) 2009 ND 194
Docket No.: 20090136
Filing Date: 11/17/2009
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Crothers, Daniel John

Highlight: An alleged ethical violation by a testifying psychologist affects the weight and not the admissibility accorded the psychologist's opinion.
The admissibility of a psychologist's testimony is controlled by the rules governing the admission of expert opinion testimony.

Dunn v. Dunn 2009 ND 193
Docket No.: 20090127
Filing Date: 11/17/2009
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: A parent with joint custody who wishes to relocate to another state with the children must make a motion for change of custody and a motion to relocate with the child.
A party seeking a change in custody more than two years since the prior custody order was entered must show there has been a material change in circumstances of the child or the parties and modification is necessary to serve the best interests of the children.
A parent's relocation to another state may constitute a material change in circumstances.

Maisey v. N.D. Department of Transportation 2009 ND 191
Docket No.: 20090194
Filing Date: 11/17/2009
Case Type: Appeal - Administrative - Department of Transportation
Author: VandeWalle, Gerald

Highlight: Checking boxes on the bottom of the report and notice form, without providing a more detailed written explanation, can be sufficient to show probable cause to believe a driver was driving under the influence of alcohol.
A driver is afforded a reasonable opportunity to consult with a lawyer when an officer gave him the lawyer's home telephone number and the driver called the lawyer and left a message.
When a driver creates ambiguity regarding whether he or she will submit to chemical testing, the driver cannot complain about any reasonable interpretation of the driver's words and actions by the officer.
To cure a prior refusal to submit to chemical testing, a driver must make a clearly articulated reconsideration.

State v. Kurtenbach (cross-reference w/20080338 through 20080340) 2009 ND 190
Docket No.: 20090113
Filing Date: 11/17/2009
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: A criminal judgment entered upon guilty pleas to one count of forgery and two counts of unauthorized use of personal identifying information is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Lemer v. N.D. Workforce Safety & Insurance, et al. 2009 ND 188
Docket No.: 20090158
Filing Date: 11/17/2009
Case Type: Appeal - Administrative - Workers Compensation
Author: Per Curiam

Highlight: A district court judgment affirming an order of Workforce Safety & Insurance is summarily affirmed under N.D.R.App.P. 35.1(a)(5).