Opinions

State v. Scutchings 2009 ND 8
Docket No.: 20080125
Filing Date: 2/3/2009
Case Type: Appeal - Criminal - Misc. Felony
Author: VandeWalle, Gerald

Highlight: A prosecutor's comment during closing arguments that the government's evidence is uncontradicted or unrebutted is improper if the only person who could have rebutted the evidence was the defendant testifying on his or her own behalf, and the defendant has chosen not to testify at the trial.

State v. Walstad (Consolidated w/20080272 & 20080273) 2009 ND 7
Docket No.: 20080271
Filing Date: 2/3/2009
Case Type: Appeal - Criminal - Drugs/Contraband
Author:

Highlight: The district court's order denying defendant's motion for credit for time spent in custody is summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (2).

State v. Vick 2009 ND 6
Docket No.: 20080176
Filing Date: 2/3/2009
Case Type: Appeal - Criminal - Theft
Author: Per Curiam

Highlight: The district court's second amended judgment denying defendant's motion for additional credit for time spent in custody is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Geray v. Bertsch 2009 ND 5
Docket No.: 20060173
Filing Date: 2/3/2009
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: The district court's memorandum opinion and order denying defendant's motion to vacate is summarily affirmed under N.D.R.App.P. 35.1(a)(4), and plaintiff's request for attorney's fees on appeal is denied under N.D.R.App.P. 38.

Pribyl v. State 2009 ND 4
Docket No.: 20080185
Filing Date: 2/3/2009
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. Huffling 2009 ND 3
Docket No.: 20080151
Filing Date: 2/3/2009
Case Type: Appeal - Criminal - Theft
Author: Per Curiam

Highlight: If a sentence imposed by a trial court is within the range authorized by statute, this Court does not have the power to review the discretion of the sentencing court.

State v. Cahoon 2009 ND 2
Docket No.: 20080173
Filing Date: 2/3/2009
Case Type: Appeal - Criminal - Misc. Misdemeanor
Author:

Highlight: Judgment entered upon a jury verdict finding appellant guilty of violating a disorderly conduct restraining order is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Adoption of E.H.L. (CONFIDENTIAL) 2009 ND 1
Docket No.: 20080167
Filing Date: 2/2/2009
Case Type: Appeal - Civil - Adoption
Author:

Highlight: Judgment terminating father's parental rights and granting grandparents' petition to adopt the child is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Voigt v. State 2008 ND 236
Docket No.: 20080157
Filing Date: 12/31/2008
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author: Kapsner, Carol

Highlight: A party seeking to bring a claim against the State or its employees must strictly comply with the requirements of N.D.C.C. 32-12.2-04(1).
Statements made during a legislative proceeding are absolutely privileged.

Disciplinary Board v. Karlsen (Consolidated w/ 20080295) 2008 ND 235
Docket No.: 20080294
Filing Date: 12/23/2008
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer disbarred.