Opinions

Verhey v. McKenzie 2009 ND 35
Docket No.: 20070234
Filing Date: 4/2/2009
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: When a child support obligor is unemployed or underemployed, the child support guidelines permit a court to impute income to the obligor.
The district court errs as a matter of law, however, if the court fails to comply with the child support guidelines in determining an obligor's child support obligation.

State v. Curtis 2009 ND 34
Docket No.: 20080007
Filing Date: 4/2/2009
Case Type: Appeal - Criminal - Assault
Author: Crothers, Daniel John

Highlight: A criminal defendant has a constitutional right to compulsory process to secure the attendance of witnesses who will provide testimony that is both favorable and material to a defense.
A subpoena must be served within a reasonable time before a witness's scheduled appearance, and whether service is within a reasonable time depends on the circumstances of each case.
A criminal defendant has a right to self-representation if the defendant knowingly and intelligently elects to do so.
A criminal defendant has a statutory right to require all communications with jurors after a case has been submitted to them to be made in open court and in the presence of the defendant.
A criminal defendant's statutory right to be present during the entire trial is of constitutional dimension, and the State must establish that a violation of a defendant's right to be present was harmless beyond a reasonable doubt.

Bragg, et al. v. Burlington Resources Oil & Gas Co. 2009 ND 33
Docket No.: 20080129
Filing Date: 4/2/2009
Case Type: Appeal - Civil - Contracts
Author: Maring, Mary

Highlight: An entity taking an interest in real property subject to a lis pendens--a written notice of a pending suit involving real property--is bound by all proceedings taken after the filing of the notice of lis pendens to the same extent as if that entity were a party to the underlying action, including a settlement of the underlying action.

Gunia v. Gunia 2009 ND 32
Docket No.: 20080055
Filing Date: 4/2/2009
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: A party seeking to modify a child support obligation within one year of the decision setting the obligation must show a material change in circumstances.
A material change in circumstances is a change that was neither contemplated nor foreseen at the time of the earlier support order.
In determining a child support obligation, a district court must clearly set forth how it arrived at the obligor's net income and the level of support.
Income and expenses from a solely owned Subchapter S corporation are attributable to the obligor for child support purposes.

Koropatnicki v. State 2009 ND 31
Docket No.: 20080235
Filing Date: 4/2/2009
Case Type: Appeal - Civil - Post-Conviction Relief
Author:

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

State v. Steen (Consolidated w/20080244 thru 20080247) 2009 ND 30
Docket No.: 20080243
Filing Date: 4/2/2009
Case Type: Appeal - Criminal - Drugs/Contraband
Author:

Highlight: A district court order denying defendant's motions for credit for time spent in custody is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Delzer, et al. v. Anderson 2009 ND 29
Docket No.: 20080206
Filing Date: 4/2/2009
Case Type: Appeal - Civil - Contracts
Author:

Highlight: Civil money judgment relating to assigned divorce debt summarily affirmed under N.D.R.App.P. 35.1(a)(4) and (6).

State v. Isom (Consolidated w/20080311-20080314) 2009 ND 28
Docket No.: 20080310
Filing Date: 4/2/2009
Case Type: Appeal - Criminal - Drugs/Contraband
Author:

Highlight: The district court's order denying defendant's motion for credit for time served is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Reciprocal Discipline of Swensen 2009 ND 27
Docket No.: 20090095
Filing Date: 4/2/2009
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer disbarred.

Reciprocal Discipline of Hellerud 2009 ND 26
Docket No.: 20090097
Filing Date: 3/27/2009
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Suspension of lawyer ordered.