Opinions

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.

Bergum v. ND Workforce Safety and Insurance, et al. 2009 ND 52
Docket No.: 20080097
Filing Date: 4/6/2009
Case Type: Appeal - Administrative - Workers Compensation
Author: Maring, Mary

Highlight: A claimant seeking workforce safety and insurance benefits has the burden of proving by a preponderance of the evidence that the claimant has suffered a compensable injury and is entitled to benefits.
A compensable injury must be established by medical evidence supported by objective medical findings.
It is not a compensable injury when the claimant's employment merely acts to trigger symptoms in a preexisting injury, disease, or other condition unless a claimant's employment substantially accelerates the progression of, or substantially worsens the severity of, the preexisting injury, disease, or other condition.

Langer, et al. v. Pender, et al. 2009 ND 51
Docket No.: 20080115
Filing Date: 4/6/2009
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Sandstrom, Dale

Highlight: The primary objective in construing a trust instrument is to ascertain the settlor's intent.
When a trust instrument is unambiguous, the settlor's intent is ascertained from the language of the trust document itself.
General rules of construction of written documents apply to the construction of trust instruments.
Particular clauses of a contract are subordinate to its intent.
When provisions in a contract are irreconcilable, the words which are inconsistent with the contract's nature or with the main intention of the parties are to be rejected.

Fremling v. Fremling 2009 ND 50
Docket No.: 20080197
Filing Date: 4/6/2009
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: Divorce judgment denying spousal support summarily affirmed under N.D.R.App.P. 35(1)(a)(2).

Reciprocal Discipline of Thoms 2009 ND 49
Docket No.: 20090100
Filing Date: 4/6/2009
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Suspension of lawyer ordered.

Hoff v. Krebs, et al. 2009 ND 48
Docket No.: 20080249
Filing Date: 4/2/2009
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: VandeWalle, Gerald

Highlight: The implied co-insured rule does not apply when the initial claim arises from an injured third party.
The legal principle underlying the implied co-insured rule is the mutually insurable interest between a lessor and lessee.

State v. Bethke 2009 ND 47
Docket No.: 20080159
Filing Date: 4/2/2009
Case Type: Appeal - Criminal - Misc. Felony
Author: Kapsner, Carol

Highlight: The failure to file an information does not automatically require reversal if the error is harmless beyond a reasonable doubt.
The failure to arraign a defendant does not warrant a reversal of a conviction if the issue is not raised before trial.
After an adverse decision at a preliminary hearing, the State may issue a new complaint if the State offers new evidence or has other good cause. An analysis from the State Laboratory constitutes new evidence.

Interest of J.K. (Confidential) 2009 ND 46
Docket No.: 20080180
Filing Date: 4/2/2009
Case Type: Appeal - Criminal - Juvenile Law
Author: Crothers, Daniel John

Highlight: Findings of fact in juvenile matters will not be set aside on appeal unless clearly erroneous.
To establish theft of property under N.D.C.C. 12.1-23-02(1), the State must prove an individual (1) knowingly (2) takes or exercises unauthorized control over, or makes an unauthorized transfer of an interest in, the property of another (3) with intent to deprive the owner thereof.
Sufficient evidence existed to find juvenile committed theft because testimony of accomplice was corroborated by independent evidence connecting the juvenile with the commission of the theft.