Opinions

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.

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.