Opinions

State v. Kruckenberg 2008 ND 212
Docket No.: 20080106
Filing Date: 11/24/2008
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Maring, Mary

Highlight: A defendant has the right to be present in the courtroom at every stage of the trial.
All communications with the jurors, after a case has been submitted to them, must be made in open court and in the presence of the defendant.
Testimony requested by the jury must be given at the jury's request.
Not every assertion of prosecutorial misconduct results in the denial of the defendant's right to a fair trial.
A defendant may not claim error for arguments that are invited.

Solem v. Solem 2008 ND 211
Docket No.: 20080091
Filing Date: 11/21/2008
Case Type: Appeal - Civil - Child Support
Author: Kapsner, Carol

Highlight: An award of rehabilitative spousal support that is to last longer than the length of the marriage does not, alone, indicate the award is clearly erroneous.
A trial court's determination regarding attorney fees is reviewed under an abuse of discretion standard.

Matter of the Trust of Pederson 2008 ND 210
Docket No.: 20080076
Filing Date: 11/21/2008
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Kapsner, Carol

Highlight: A district court is not required to supervise a trust simply because an interested party requests supervision; rather, a petitioner must establish a justification for supervision of a trust.
If it is possible to achieve the purpose of the trust, the trust will not be extinguished.
If a lawsuit is brought for an improper purpose or without evidentiary support, sanctions may be imposed.

Aakre v. Disciplinary Board 2008 ND 209
Docket No.: 20080268
Filing Date: 11/21/2008
Case Type: Discipline - Attorney - Original Proceeding
Author:

Highlight: Lawyer reinstatement ordered.

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.