Opinions

Patten v. State 2008 ND 29
Docket No.: 20070144
Filing Date: 2/21/2008
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Crothers, Daniel John

Highlight: A lawyer must abide by a competent defendant's decision regarding the plea to be entered.
If a defendant is competent and voluntarily pleads guilty, the defendant waives the right to raise the defense of lack of criminal responsibility when the acts occurred.

State v. Kochel 2008 ND 28
Docket No.: 20070174
Filing Date: 2/21/2008
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Crothers, Daniel John

Highlight: Whether an individual has a reasonable expectation of privacy is reviewed de novo.

State v. Schmalz (CONSOLIDATED w/20070128) 2008 ND 27
Docket No.: 20070127
Filing Date: 2/21/2008
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Kapsner, Carol

Highlight: Probable cause exists when the facts and circumstances relied upon by the judge who issues the warrant would lead a person of reasonable caution to believe the contraband or evidence sought probably will be found in the place to be searched.
"Bare-bones" information is not sufficient to satisfy the probable cause requirement for a warrant.
The determination of whether probable cause exists to issue a search warrant is a question of law.
Simply because a warrant application contains some information that is not relevant, or is, in and of itself, insufficient to create probable cause, does not necessarily mean probable cause did not exist to validly issue the warrant.
While the our state constitution may, in certain instances, provide greater individual rights than those afforded under the federal constitution, like the Fourth Amendment, Article I, section 8 of the North Dakota Constitution is not implicated unless a reasonable expectation of privacy is invaded.

Frueh v. Frueh 2008 ND 26
Docket No.: 20070254
Filing Date: 2/21/2008
Case Type: Appeal - Civil - Child Support
Author: Sandstrom, Dale

Highlight: In considering whether the moving party has established a prima facie case warranting an evidentiary hearing on a motion to change custody, a district court may not weigh conflicting issues of fact raised in the parties' affidavits.
On appeal, the denial of an evidentiary hearing on a motion to change custody is reviewed under an abuse-of-discretion standard.

Matter of Barrera 2008 ND 25
Docket No.: 20070125
Filing Date: 2/21/2008
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: VandeWalle, Gerald

Highlight: Involuntary civil commitment of a sexually dangerous person is reviewed under a modified clearly erroneous standard of review.
Under the statute for committing a sexually dangerous person, proof of a nexus between the requisite disorder and dangerousness encompasses proof that the disorder involves serious difficulty in controlling behavior and suffices to distinguish a dangerous sexual offender whose disorder subjects him to civil commitment from the dangerous but typical recidivist in a criminal case.

Bertram v. State 2008 ND 24
Docket No.: 20070176
Filing Date: 2/21/2008
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Denial of post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(1), (6), and (7).

Hammer v. Director, ND Dept. of Transportation 2008 ND 23
Docket No.: 20070284
Filing Date: 2/21/2008
Case Type: Appeal - Civil - Administrative Proceeding
Author:

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

Sandoval v. Department of Transportation 2008 ND 22
Docket No.: 20070295
Filing Date: 2/21/2008
Case Type: Appeal - Administrative - Department of Transportation
Author:

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

State v. Larson 2008 ND 21
Docket No.: 20070210
Filing Date: 2/21/2008
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: A district court order dismissing a DUI criminal complaint is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

State v. Gress 2008 ND 20
Docket No.: 20070298
Filing Date: 2/21/2008
Case Type: Appeal - Criminal - Misc. Felony
Author:

Highlight: Conviction of attempt to steal a vehicle is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (4).