Opinions

Tweeten v. Tweeten 2009 ND 164
Docket No.: 20090033
Filing Date: 9/16/2009
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: A husband and wife's decision to transfer separately owned property to themselves, as husband and wife, as joint tenants is a significant legal act, which may make a premarital agreement governing the distribution of that property inapplicable.

State v. Schmeets 2009 ND 163
Docket No.: 20080225
Filing Date: 9/16/2009
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Kapsner, Carol

Highlight: To admit evidence of a defendant's prior convictions to establish an object is drug paraphernalia, a court must balance whether the probative value of the evidence outweighs the unfair prejudice to the defendant.

Wells Fargo Bank v. Horob, et al. 2009 ND 161
Docket No.: 20090066
Filing Date: 9/16/2009
Case Type: Appeal - Civil - Other
Author:

Highlight: District court order declaring a default judgment entered by a Nebraska court is entitled to full faith and credit and enforceable in this state is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Interest of S.Z. (Confidential) 2009 ND 160
Docket No.: 20090252
Filing Date: 9/16/2009
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

Highlight: Orders requiring treatment and medication at the North Dakota State Hospital summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Matter of Hicks 2009 ND 159
Docket No.: 20090058
Filing Date: 9/16/2009
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Per Curiam

Highlight: Civil commitment of a sexually dangerous person summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Disciplinary Board v. Fisher (Cross-ref. w/ 20070343, 20070344, & 20080198) 2009 ND 158
Docket No.: 20090165
Filing Date: 9/4/2009
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Suspension of lawyer ordered.

Industrial Contractors, Inc. v. Workforce Safety & Insurance, et al. 2009 ND 157
Docket No.: 20080275
Filing Date: 9/4/2009
Case Type: Appeal - Administrative - Workers Compensation
Author: Maring, Mary

Highlight: Courts exercise limited review in appeals from administrative agency decisions under the Administrative Agencies Practice Act.
An administrative agency's construction of a statute in administering the law is entitled to deference when that interpretation does not contradict clear and unambiguous statutory language.
The word "or" is disjunctive in nature and ordinarily indicates an alternative between different things or actions, and terms or phrases separated by "or" have separate and independent significance.
Failure of participating employer to give written notice or to properly post notice as required under the relevant statute invalidates the employer's designated medical provider selection and allows the employee to make the initial selection of a medical provider.

State v. Boyle 2009 ND 156
Docket No.: 20090020
Filing Date: 8/27/2009
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Maring, Mary

Highlight: A restraining order may restrict an individual's constitutional rights, including restricting the right to certain communication or to be in certain places.
The evidence is insufficient to support a criminal conviction when no rational factfinder, viewing all the evidence in the light most favorable to the verdict, could have found the defendant guilty beyond a reasonable doubt.

Frueh v. Frueh 2009 ND 155
Docket No.: 20080231
Filing Date: 8/27/2009
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: A court may modify a prior custody order two years after a prior order establishing custody is entered, if there has been a material change in circumstances and the modification is in the child's best interests.
When applying the best interest factors to decide whether modifying custody is in a child's best interests, it is improper for the court to consider the amount of a parent's child support obligation when the support amount was calculated using the child support guidelines.
A mature child's preference may be a significant factor in deciding whether a custody modification is necessary to serve a child's best interests.
District courts have discretion regarding the examination of witnesses, including child witnesses in custody proceedings.

Pearson v. Pearson 2009 ND 154
Docket No.: 20080299
Filing Date: 8/18/2009
Case Type: Appeal - Civil - Divorce - Property
Author: Crothers, Daniel John

Highlight: An award of spousal support is finding of fact which will not be set aside on appeal unless clearly erroneous.
We will not set aside the trial court's determinations on property division or spousal support for failure to explicitly state the basis for its findings if that basis is reasonably discernable by deduction or inference.
We remand for further proceedings when permanent spousal support is requested but not awarded and the district court does not articulate why an award was not made.