Opinions

State v. Dahl (Consolidated w/20090019) 2009 ND 204
Docket No.: 20090018
Filing Date: 12/15/2009
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: VandeWalle, Gerald

Highlight: District courts can reject a defendant's waiver of the right to counsel if the defendant suffers from mental illness or impairment such that the defendant would not be competent to conduct trial proceedings, even if the defendant is otherwise competent to stand trial.
To ensure the defendant is afforded a fair trial, a district court can appoint counsel for the defendant during trial if the court determines the defendant is no longer competent to present his or her own defense.

Hruby v. Hruby 2009 ND 203
Docket No.: 20090010
Filing Date: 12/15/2009
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: In deciding whether to allow a custodial parent to relocate to another state with the child, the custodial parent's desire to move to live with a new spouse is a dominant factor in favor of allowing the move.
A custodial parent's motion for permission to relocate should be denied based on the potential negative impact on the relationship between the noncustodial parent and child only in exceptional circumstances, including when the court finds a custodial parent will not foster the child's relationship with the noncustodial parent.

Great Plains National Bank v. Leppert, et al. 2009 ND 202
Docket No.: 20090119
Filing Date: 12/15/2009
Case Type: Appeal - Civil - Contracts
Author: Per Curiam

Highlight: An amended foreclosure and money judgment is summarily affirmed under N.D.R.App.P. 35.1(a)(6).

State v. Booth 2009 ND 201
Docket No.: 20090148
Filing Date: 12/15/2009
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: Per Curiam

Highlight: A criminal judgment entered upon a guilty verdict of accomplice to criminal mischief is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

State v. Wilson (Consolidated w.20090204) 2009 ND 200
Docket No.: 20090203
Filing Date: 12/15/2009
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: District court judgments entered after a jury found defendant guilty of reckless endangerment and fleeing or attempting to elude a peace officer are summarily affirmed under N.D.R.App.P. 35.1(a)(3).

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.