Opinions

Wheeler v. State (consolidated w/20070164 & 20070165) 2008 ND 109
Docket No.: 20070163
Filing Date: 6/5/2008
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Kapsner, Carol

Highlight: An applicant for post-conviction relief has the burden of establishing grounds for relief.
A district court may summarily dismiss an application for post-conviction relief if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.
In a post-conviction proceeding, the district court, for good cause, may grant leave to either party to use the discovery procedures available in criminal or civil proceedings. Discovery procedures may be used only to the extent and in the manner the court has ordered or to which the parties have agreed.

State v. Curtis (cross ref. 20070249 & 20070333) 2008 ND 108
Docket No.: 20070250
Filing Date: 6/5/2008
Case Type: Appeal - Criminal - Misc. Felony
Author: VandeWalle, Gerald

Highlight: A criminal defendant's Sixth Amendment right to compulsory process is not absolute, and does not guarantee the right to secure the attendance and testimony of any and all witnesses.
A defendant alleging a violation of his right to compulsory process has the burden of showing that the testimony would have been both favorable and material to his defense.
The civil dispute doctrine, which allows a court to dismiss criminal proceedings if the matter should have been adjudicated civilly, is limited to cases where there is a legitimate property or contract dispute that is better suited for resolution in a civil matter.

B.L.L., et al. v. W.D.C. (CONFIDENTIAL) 2008 ND 107
Docket No.: 20070324
Filing Date: 6/5/2008
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Crothers, Daniel John

Highlight: Whether a child has been abandoned is a question of fact.
Non-custodial parents abandon their children if they fail, without justifiable cause, to communicate with the child or to provide for the care and support of the child as required by law.
While imprisonment alone is not sufficient to constitute intentional abandonment, imprisonment when combined with other factors, such as parental neglect and withholding parental affection, may support a finding that the parent had relinquished all parental claims and thereby abandoned the child.

Guardianship/Conservatorship of V.J.V.N. 2008 ND 106
Docket No.: 20080024
Filing Date: 6/5/2008
Case Type: Appeal - Civil - Guardian/Conservator
Author: Kapsner, Carol

Highlight: The district court has discretionary authority regarding the management of a protected person's estate, and the court's decisions on those matters will be reversed on appeal only for an abuse of discretion.
When the Supreme Court interprets statutes, its duty is to ascertain the legislative intent, which initially must be sought from the statutory language itself, giving it its plain, ordinary, and commonly understood meaning.

Richter v. ND Dept. of Transportation 2008 ND 105
Docket No.: 20080036
Filing Date: 6/5/2008
Case Type: Appeal - Administrative - Department of Transportation
Author: VandeWalle, Gerald

Highlight: Evidence that is excludable on constitutional grounds may be excluded by an administrative agency upon proper objection.

Alerus Financial, N.A., et al. v. Western State Bank, et al. 2008 ND 104
Docket No.: 20070066
Filing Date: 6/5/2008
Case Type: Appeal - Civil - Contracts
Author: Crothers, Daniel John

Highlight: In construing a trust agreement, the court's primary objective is to ascertain the settlor's intent.
A power of attorney is an instrument in writing authorizing another to act as one's agent, and the agent holding the power of attorney is the attorney-in-fact.
An agency relationship involves both a contractual and a fiduciary relationship, and the interpretation of an agent's authority is governed by the rules for construing contracts, except to the extent the fiduciary relationship requires a different rule.

State v. Hernandez 2008 ND 103
Docket No.: 20070380
Filing Date: 6/5/2008
Case Type: Appeal - Criminal - Sexual Offense
Author:

Highlight: A district court order revoking probation is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Suelzle v. ND Dept. of Transportation 2008 ND 102
Docket No.: 20080030
Filing Date: 6/5/2008
Case Type: Appeal - Civil - Administrative Proceeding
Author: Per Curiam

Highlight: Revocation of driving privileges summarily affirmed under N.D.R.App.P. 35.1(a)(5).

Riemers v. State of North Dakota, et al. 2008 ND 101
Docket No.: 20070317
Filing Date: 6/2/2008
Case Type: Appeal - Civil - Constitutional Law
Author: Crothers, Daniel John

Highlight: When the Supreme Court denies a petition to review a Court of Appeals decision, the decision becomes final and will not be differently determined on a subsequent appeal in the same case.
A trial court is considered an expert in determining the amount of attorney fees, and its decision concerning the amount and reasonableness of the attorney's fees will not be overturned on appeal absent a clear abuse of discretion.
Paralegal costs may be included in reasonable attorney's fees.

Guardianship/Conservatorship of D.M.O. (cross-reference 20040235) 2008 ND 100
Docket No.: 20060280
Filing Date: 5/23/2008
Case Type: Appeal - Civil - Guardian/Conservator
Author: Crothers, Daniel John

Highlight: The Supreme Court will dismiss an appeal when issues become moot or academic and there is no actual controversy left for our determination.
An actual controversy no longer exists when the issue has been rendered moot by a lapse of time, or the occurrence of related events which make it impossible for a court to grant effective relief.