Opinions

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.

Interest of R.M. (CONFIDENTIAL) 2009 ND 25
Docket No.: 20090084
Filing Date: 3/20/2009
Case Type: Appeal - Civil - Mental Health
Author:

Highlight: Mental health commitment and involuntary medication order summarily reversed under N.D.R.App.P. 35.1(b).

Collection Specialist Int'l v. McLaughlin Const. Co. (Cons. w/20080242) 2009 ND 24
Docket No.: 20080241
Filing Date: 2/9/2009
Case Type: Appeal - Civil - Contracts
Author:

Highlight: District court judgment in favor of McLaughlin Construction Co. in a contract case is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Bruder v. WSI, et al. 2009 ND 23
Docket No.: 20080078
Filing Date: 2/6/2009
Case Type: Appeal - Administrative - Workers Compensation
Author: Sandstrom, Dale

Highlight: When there are conflicting expert medical opinions about the cause of a workers compensation claimant's medical condition, Workforce Safety and Insurance has the responsibility to weigh credibility and resolve conflicts in the evidence.

Midthun v. Workforce Safety and Insurance, et al. 2009 ND 22
Docket No.: 20080137
Filing Date: 2/5/2009
Case Type: Appeal - Administrative - Workers Compensation
Author: VandeWalle, Gerald

Highlight: A party appealing a hearing officer's decision must file reasonably specific specifications of error detailing which matters are at issue, so as to alert the agency, other parties, and the court of the particular errors claimed.
The use of the word "may" in a statutory scheme is ordinarily understood as permissive rather than mandatory and operates to confer discretion.
Under N.D.C.C. 65-05-10(2), Workforce Safety and Insurance has discretion over whether to waive the five-year limitation on partial disability benefits, even where a claimant has met one of the statutory exemptions.

Adoption of J.D.F. (Confidential) 2009 ND 21
Docket No.: 20080152
Filing Date: 2/5/2009
Case Type: Appeal - Civil - Adoption
Author: Maring, Mary

Highlight: A district court must advise parents that they are entitled to representation by counsel, provided by the State if necessary, throughout any proceedings to terminate the parent-child relationship against their will.

Kelly v. Kelly 2009 ND 20
Docket No.: 20080103
Filing Date: 2/3/2009
Case Type: Appeal - Civil - Child Support
Author: Maring, Mary

Adoption of H.G.C. (confidential) 2009 ND 19
Docket No.: 20080096
Filing Date: 2/3/2009
Case Type: Appeal - Civil - Adoption
Author: Sandstrom, Dale

Highlight: A parent's parental rights, including the right to withhold consent to an adoption, may be terminated if the parent has abandoned the minor child.
A court must consider the parent's contact and communication with the child, the parent's love, care and affection toward the child, the parent's acceptance of parental obligations, whether the parent has negligently failed to perform his parental duties, and the parent's intent in deciding whether the parent has abandoned the child.