Opinions

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).

Aasmundstad, et al. v. State of ND, et al. 2008 ND 206
Docket No.: 20080018
Filing Date: 11/19/2008
Case Type: Appeal - Civil - Real Property
Author: Sandstrom, Dale

Highlight: To establish an inverse condemnation claim, a property owner must prove a public entity took or damaged the owner's property for a public use and the public use was the proximate cause of the damage.
Proximate cause cannot be established without reliable evidence establishing a causal connection.
In an inverse condemnation action, whether a public improvement is the proximate cause of a taking or damages is a question of fact.
To prevail on an act-of-God defense, a defendant must prove the claimed act of God was the sole proximate cause of damage.
Whether an act-of-God defense has been established is a question of fact.

Halvorson v. Sentry Insurance 2008 ND 205
Docket No.: 20080133
Filing Date: 11/19/2008
Case Type: Appeal - Civil - Personal Injury
Author: Sandstrom, Dale

Highlight: For summary judgment purposes, a no-fault insurance benefits plaintiff must present competent evidence and cannot rest on his or her unsupported allegations to establish a connection between his or her injuries and the alleged cause.

State v. McAvoy 2008 ND 204
Docket No.: 20080126
Filing Date: 11/19/2008
Case Type: Appeal - Criminal - Sexual Offense
Author: Sandstrom, Dale

Highlight: A district court does not abuse its discretion by not postponing a probation revocation hearing until underlying criminal charges are disposed of in light of a probationer's last-minute request for a continuance and the societal interest of a prompt hearing when a probationer has allegedly engaged in a course of criminal activity.
A probation revocation may be sustained by showing only a single violation of the probation.

State v. Alvarado 2008 ND 203
Docket No.: 20080107
Filing Date: 11/19/2008
Case Type: Appeal - Criminal - Misc. Felony
Author: Kapsner, Carol

Highlight: When prior acts are evidence of activity in furtherance of the same criminal activity, rather than independent of the charged crime, the evidence does not fall under N.D.R.Ev. 404(b).
When sufficiency of the evidence is challenged, all inferences are drawn in favor of the verdict.

State v. Bitz 2008 ND 202
Docket No.: 20080101
Filing Date: 11/19/2008
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: VandeWalle, Gerald

Highlight: On a challenge to the sufficiency of evidence at trial, a criminal conviction will be reversed only if, after viewing the evidence and all reasonable evidentiary inferences in the light most favorable to the verdict, no rational factfinder could have found the defendant guilty beyond a reasonable doubt.

Colombe v. Carlson 2008 ND 201
Docket No.: 20080023
Filing Date: 11/19/2008
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

Highlight: Courts have the authority to dismiss a civil appeal if the party requesting relief is a fugitive at the time the appeal is pending.
The fugitive dismissal rule should be invoked with great caution and restraint.
Before dismissing a case under the fugitive dismissal rule, a reviewing court considers: (1) the connection between the litigant's fugitive status and the litigant's appeal; (2) whether there is an alternative short of dismissal that will render enforcement of the underlying judgment certain and remove the risk of prejudice to the fugitive's adversary; and (3) the policy concerns of the fugitive dismissal rule are present.

State v. Trout 2008 ND 200
Docket No.: 20080079
Filing Date: 11/19/2008
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author: VandeWalle, Gerald

Highlight: Evidence of other crimes, wrongs, or acts is not admissible at trial to prove a person acted in conformity therewith. Such evidence will only be allowed for other relevant purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.
The introduction of prior bad acts evidence will warrant reversal of conviction only if the admitted testimony is so prejudicial that substantial injury occurred, and a different decision would have resulted had the error not been made.
A jury is presumed to follow instructions made by the court. The issuance of a curative instruction to disregard certain evidence is generally sufficient to remove the threat of prejudice in a jury trial.

Everett v. State 2008 ND 199
Docket No.: 20080063
Filing Date: 11/19/2008
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Maring, Mary

Highlight: An application for post-conviction relief may be denied on the ground of misuse of process when the appellant fails to raise the arguments in his prior direct appeal.
Issues not briefed by an appellant are deemed abandoned.
Summary dismissal of a post-conviction claim of ineffective assistance of counsel is appropriate if the petitioner does not raise a genuine issue of material fact.
A reviewing court considers length of delay, reason for delay, appellant's assertion of his right, and prejudice to the appellant when determining whether a district court had good cause to continue a trial.