Opinions

Disciplinary Board v. Nemec 2008 ND 216
Docket No.: 20080264
Filing Date: 12/3/2008
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer suspended from the practice of law.

Disciplinary Board v. Sletten (Consolidated w/ 20080147 - 20080150) 2008 ND 215
Docket No.: 20080146
Filing Date: 11/25/2008
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer disbarred.

Hanisch v. Osvold 2008 ND 214
Docket No.: 20080012
Filing Date: 11/24/2008
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: A district court's award of custody is treated as a finding of fact and, on appeal, will not be reversed unless it is clearly erroneous under N.D.R.Civ.P. 52(a).
Under the clearly erroneous standard of review, the evidence is not reweighed and the credibility of witnesses is not reassessed, and the appellate court will not retry a custody case or substitute its judgment for a district court's initial custody decision merely because it might have reached a different result.

State v. Evans 2008 ND 213
Docket No.: 20080143
Filing Date: 11/24/2008
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Not Available

Highlight: Judgment entered upon a jury verdict finding appellant guilty of possession of a controlled substance is summarily affirmed under N.D.R.App.P. 35.1(a)(3).

State v. Kruckenberg 2008 ND 212
Docket No.: 20080106
Filing Date: 11/24/2008
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Maring, Mary

Highlight: A defendant has the right to be present in the courtroom at every stage of the trial.
All communications with the jurors, after a case has been submitted to them, must be made in open court and in the presence of the defendant.
Testimony requested by the jury must be given at the jury's request.
Not every assertion of prosecutorial misconduct results in the denial of the defendant's right to a fair trial.
A defendant may not claim error for arguments that are invited.

Solem v. Solem 2008 ND 211
Docket No.: 20080091
Filing Date: 11/21/2008
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: An award of rehabilitative spousal support that is to last longer than the length of the marriage does not, alone, indicate the award is clearly erroneous.
A trial court's determination regarding attorney fees is reviewed under an abuse of discretion standard.

Matter of the Trust of Pederson 2008 ND 210
Docket No.: 20080076
Filing Date: 11/21/2008
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Kapsner, Carol

Highlight: A district court is not required to supervise a trust simply because an interested party requests supervision; rather, a petitioner must establish a justification for supervision of a trust.
If it is possible to achieve the purpose of the trust, the trust will not be extinguished.
If a lawsuit is brought for an improper purpose or without evidentiary support, sanctions may be imposed.

Aakre v. Disciplinary Board 2008 ND 209
Docket No.: 20080268
Filing Date: 11/21/2008
Case Type: Discipline - Attorney - Original Proceeding
Author: Not Available

Highlight: Lawyer reinstatement ordered.

Matter of M.D. (CONFIDENTIAL) 2008 ND 208
Docket No.: 20080082
Filing Date: 11/19/2008
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Sandstrom, Dale

Highlight: A district court reviewing the civil commitment of a sexually dangerous individual must consider all evidence presented and not merely the individual's actuarial test scores.
A sexually dangerous individual who has not completed treatment, continues to engage in inappropriate behavior and has serious difficulty controlling his behavior may still be a sexually dangerous individual even if he or she scored low to moderate in all the risk assessment instruments.

Peterson v. DS Dispatch 2008 ND 207
Docket No.: 20080165
Filing Date: 11/19/2008
Case Type: Appeal - Civil - Contracts
Author: Per Curiam

Highlight: Judgment and order denying a motion to vacate judgment are summarily affirmed under N.D.R.App.P. 35.1(a)(4).