Opinions

Everett v. State 2010 ND 4
Docket No.: 20090244
Filing Date: 1/12/2010
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Judgment denying post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7).

State v. Jensen 2010 ND 3
Docket No.: 20090154
Filing Date: 1/12/2010
Case Type: Appeal - Criminal - Theft
Author: Crothers, Daniel John

Highlight: A probationer's right to counsel at a revocation of probation hearing is statutorily based.
A probationer's waiver of the right to counsel must be voluntary, knowing, and intelligent.
Whether a probationer voluntarily, knowingly, and intelligently waived the right to counsel is reviewed under a clearly erroneous standard of review.

Edwards v. Edwards 2010 ND 2
Docket No.: 20090043
Filing Date: 1/12/2010
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

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.