Opinions

Matter of Emelia Hirsch Trust 2009 ND 135
Docket No.: 20080209
Filing Date: 7/16/2009
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Crothers, Daniel John

Highlight: An issue or argument not raised or considered in the district court cannot be raised for the first time on appeal.
An appeal is frivolous if it is flagrantly groundless, devoid of merit, or demonstrates persistence in the course of litigation which evidences bad faith.

Chambering of the New Judgeship in the Southeast Judicial District 2009 ND 134
Docket No.: 20090163
Filing Date: 7/15/2009
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: New judgeship to be chambered in Jamestown.

Chambering of the New Judgeship in the Northwest Judicial District 2009 ND 133
Docket No.: 20090162
Filing Date: 7/15/2009
Case Type: Judicial Administration - Rule - Rule
Author: Per Curiam

Highlight: New judgeship to be chambered in Minot.

Hill, et al. v. Lindner, et al. 2009 ND 132
Docket No.: 20080334
Filing Date: 7/9/2009
Case Type: Appeal - Civil - Real Property
Author: Crothers, Daniel John

Highlight: An incidental business use does not violate a covenant restricting use of property to residential purposes only.

Reciprocal Discipline of Thoms 2009 ND 131
Docket No.: 20090191
Filing Date: 7/14/2009
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Suspension of lawyer ordered.

State v. McAvoy 2009 ND 130
Docket No.: 20090024
Filing Date: 7/9/2009
Case Type: Appeal - Criminal - Sexual Offense
Author: VandeWalle, Gerald

Highlight: A convicted sex offender must register an address with law enforcement within three days of coming into a county in which the individual resides or is temporarily domiciled.
When reviewing challenges to the sufficiency of the evidence, the evidence and all reasonable inferences drawn from such evidence are viewed most favorably to the verdict.

State v. Zwicke, Jr. 2009 ND 129
Docket No.: 20090002
Filing Date: 7/9/2009
Case Type: Appeal - Criminal - Drugs/Contraband
Author: VandeWalle, Gerald

Highlight: Under the automobile exception to the warrant requirement, law enforcement officers may search for illegal contraband without a warrant when probable cause exists that certain identifiable objects are probably connected with criminal activity and are probably to be found in the vehicle.
To the extent that State v. Meadows can be read to require something more than mobility for exigent circumstances for an automobile search, it is overruled.
Law enforcement officers are not prevented from searching for and seizing evidence merely because the officers might already have sufficient evidence to sustain a conviction.

Fehl-Haber v. State (Cross Ref w/20060086) 2009 ND 128
Docket No.: 20090026
Filing Date: 7/9/2009
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: District court order denying application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

State v. Neva 2009 ND 127
Docket No.: 20090054
Filing Date: 7/9/2009
Case Type: Appeal - Criminal - Misc. Felony
Author: Sandstrom, Dale

Highlight: A defendant whose previous concurrent sentences are converted into consecutive sentences upon revocation of his probation is entitled to receive credit for the time he spent in custody only toward the first of the converted consecutive sentences.

Steinmeyer v. Department of Transportation 2009 ND 126
Docket No.: 20090096
Filing Date: 7/9/2009
Case Type: Appeal - Administrative - Department of Transportation
Author: Sandstrom, Dale

Highlight: Fair administration of an Intoxilyzer test may be established by proof that the method approved by the State Toxicologist for conducting the test has been scrupulously followed. However, 'scrupulous' compliance does not mean 'hypertechnical' compliance.
"Observing" an Intoxilyzer test subject is not the only manner of "ascertaining" that the subject had nothing to eat, drink, or smoke within the twenty minutes prior to the collection of the breath sample as required by the approved method.