Opinions

Neva v. Fennell 2009 ND 62
Docket No.: 20080189
Filing Date: 4/30/2009
Case Type: Appeal - Civil - Personal Injury
Author:

Highlight: Order denying motion for a new trial is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Grzeskowiak v. Nodak Electric Coop. 2009 ND 61
Docket No.: 20080298
Filing Date: 4/30/2009
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Per Curiam

Highlight: Judgment of dismissal for failure to properly serve process is summarily affirmed under N.D.R.App.P. 35.1(a)(6) and (7).

Sanderson v. Harlow 2009 ND 60
Docket No.: 20080282
Filing Date: 4/30/2009
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: Order dismissing plaintiff's joint custody action with prejudice is summarily affirmed under N.D.R.App.P. 35.1(a)(6).

Ellis v. North Dakota State University 2009 ND 59
Docket No.: 20070005
Filing Date: 4/9/2009
Case Type: Appeal - Civil - Employer/Employee Dispute
Author: VandeWalle, Gerald

Highlight: Equitable estoppel may preclude the application of a statute of limitations by a party whose actions induce another party to not file a claim within a prescribed statutory period.
In balancing the constitutional authority of the Board of Higher Education to remove faculty and employees, the constitutional authority of the legislature and the constitutional limits of review by the judicial branch under separation of powers concepts, the proper standard of review of a substantive Board decision to dismiss an employee for cause is whether a reasoning mind reasonably could have determined that the factual conclusions reached were proved by the weight of the evidence.

Disciplinary Board v. Nemec (Consolidated w/ 20090078) 2009 ND 58
Docket No.: 20090077
Filing Date: 4/9/2009
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Suspension of lawyer ordered.

Newman v. State (cross-ref w/20060294) 2009 ND 57
Docket No.: 20080136
Filing Date: 4/8/2009
Case Type: Appeal - Civil - Post-Conviction Relief
Author:

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

State v. Black Cloud 2009 ND 56
Docket No.: 20080261
Filing Date: 4/8/2009
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: Criminal judgment finding appellant guilty of terrorizing is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Interest of M.W. (CONFIDENTIAL) 2009 ND 55
Docket No.: 20080190
Filing Date: 4/7/2009
Case Type: Appeal - Criminal - Juvenile Law
Author: Maring, Mary

Highlight: A statute is ambiguous if it is susceptible to meanings that are different, but rational.
Under N.D.C.C. 27-20-34, a juvenile court is to automatically transfer a case involving gross sexual imposition or attempted gross sexual imposition only if the gross sexual imposition or attempted gross sexual imposition charge is "by force or by threat of imminent death, serious bodily injury, or kidnapping."

State v. Kunze 2009 ND 54
Docket No.: 20080253
Filing Date: 4/7/2009
Case Type: Appeal - Criminal - Misc. Felony
Author:

Highlight: Criminal judgment for contact by bodily fluids with a law enforcement officer is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

Interest of B.F. (CONFIDENTIAL) 2009 ND 53
Docket No.: 20080140
Filing Date: 4/6/2009
Case Type: Appeal - Criminal - Juvenile Law
Author: Crothers, Daniel John

Highlight: Double jeopardy bars the State from appealing a juvenile court judge's order rejecting a judicial referee's determination of guilt.