Opinions

Schipper Construction, Inc. v. American Crystal Sugar Co. 2008 ND 226
Docket No.: 20080123
Filing Date: 12/16/2008
Case Type: Appeal - Civil - Contracts
Author: Crothers, Daniel John

Highlight: A notice of rescission must be clear, unambiguous, and unequivocal.

Matter of Peterson's dogs 2008 ND 225
Docket No.: 20080094
Filing Date: 12/16/2008
Case Type: Appeal - Civil - Other
Author: VandeWalle, Gerald

Highlight: When an animal has been confiscated under a law for humane treatment of animals, the owner is entitled to a hearing to determine whether the animal should be returned.
Whether an owner has voluntarily relinquished or waived ownership rights to an animal generally is a finding of fact, and the owner must be allowed an opportunity to present evidence on that issue if it has been adequately raised.

Brummund v. Brummund 2008 ND 224
Docket No.: 20080170
Filing Date: 12/16/2008
Case Type: Appeal - Civil - Divorce - Property
Author: Maring, Mary

Highlight: Certification of an order or judgment as final under N.D.R.Civ.P. 54(b) is reserved for those cases involving unusual circumstances where failure to allow an immediate appeal would create demonstrated prejudice or hardship.
Rule 54(b) certification is not appropriate if the judgment does not fully decide an entire claim.

State v. Uran 2008 ND 223
Docket No.: 20080111
Filing Date: 12/16/2008
Case Type: Appeal - Criminal - Drugs/Contraband
Author: VandeWalle, Gerald

Highlight: A warrantless search of a home is not unreasonable if the search falls under an exception to the search warrant requirement.
The scope of consent is measured objectively by what a reasonable person would have understood by the exchange between the police and the suspect.

Matter of G.R.H. (CONFIDENTIAL) 2008 ND 222
Docket No.: 20080102
Filing Date: 12/16/2008
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author: Sandstrom, Dale

Highlight: In reviewing the civil commitment of a sexually dangerous individual, all sexually predatory conduct, including that which did not result in a charge or conviction, may be considered.
Evidence showing serious difficulty in controlling behavior suffices to distinguish a sexually dangerous individual from other dangerous persons.

Siewert v. Siewert (Consolidated w/20080095) 2008 ND 221
Docket No.: 20080065
Filing Date: 12/16/2008
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: District courts have discretion to appoint a guardian ad litem in child custody modification cases.
A court may modify a child custody order if more than two years have passed since the order was entered and there has been a material change in circumstances and the modification is necessary to serve the best interests of the child.
A court's decision to modify custody is a finding of fact, which will be reversed on appeal only if it is clearly erroneous.
District courts have jurisdiction to modify child support while an appeal is pending from a decision on a custody motion that does not address child support.

State v. Harlan 2008 ND 220
Docket No.: 20080083
Filing Date: 12/16/2008
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Sandstrom, Dale

Highlight: Evidence discovered as a result of a pocket search following a safety pat-down search which provides no indication of a weapon or anything similar must be suppressed because the pocket search under such circumstances has exceeded the initial justification for the pat-down search.

State v. Mosbrucker 2008 ND 219
Docket No.: 20070355
Filing Date: 12/16/2008
Case Type: Appeal - Criminal - Sexual Offense
Author: VandeWalle, Gerald

Highlight: A victim must understand more than the physical aspects of sex to be capable of understanding the nature of a sexual act under N.D.C.C. 12.1-20-03(1)(e).
The remedies afforded by appeal from a judgment and appeal from an order denying a new trial are independent remedies.

Miller v. State 2008 ND 218
Docket No.: 20080113
Filing Date: 12/16/2008
Case Type: Appeal - Civil - Post-Conviction Relief
Author:

Highlight: District court order denying post-conviction relief and order confirming credit for incarceration summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

State v. Buck 2008 ND 217
Docket No.: 20080153
Filing Date: 12/16/2008
Case Type: Appeal - Criminal - DUI/DUS/APC
Author:

Highlight: Judgment entered upon a jury verdict finding appellant guilty of driving while under the influence of alcohol is summarily affirmed under N.D.R.App.P. 35.1(a)(2).