Opinions

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.

Matter of Hanson 2008 ND 198
Docket No.: 20080098
Filing Date: 11/19/2008
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author:

Highlight: Civil commitment of a sexually dangerous individual summarily reversed and remanded under N.D.R.App.P.35.1(b) for detailed findings of fact and conclusions of law.

Matter of Vantreece 2008 ND 197
Docket No.: 20080004
Filing Date: 11/19/2008
Case Type: Appeal - Civil - Civil Commitment of Sexually Dangerous Individual
Author:

Highlight: Order of commitment as a sexually dangerous person summarily reversed under N.D.R.App.P. 35.1(b).

State v. Kaseman 2008 ND 196
Docket No.: 20080088
Filing Date: 10/27/2008
Case Type: Appeal - Criminal - Misc. Felony
Author: Kapsner, Carol

Highlight: Restitution is a type of sentence.
A district court may not order restitution, then later increase restitution, unless the district court reserves the issue prior to or at the time of sentencing.

Kucera v. Kucera 2008 ND 195
Docket No.: 20080006
Filing Date: 10/27/2008
Case Type: Appeal - Civil - Divorce - Property
Author:

Highlight: Divorce judgment summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

P.A. v. A.H.O. (CONFIDENTIAL) 2008 ND 194
Docket No.: 20080049
Filing Date: 10/27/2008
Case Type: Appeal - Civil - Paternity
Author: VandeWalle, Gerald

Highlight: The Court reviews findings of fact in custody awards under a clearly erroneous standard.
Custody will be awarded to the parent who will promote the best interests and welfare of the child, which is determined by the court's consideration of several factors.
While the best interests factors should each be given equal consideration, there is no mathematical formula which awards custody to the party with the most factors in his or her favor. The best interests of a child must be examined on a case-by-case basis.
This Court has not held there is a presumption against joint custody. However, a trial court must find that joint custody is in a child's best interest for the Court to affirm a joint custody award.

Horton v. Horton 2008 ND 193
Docket No.: 20080087
Filing Date: 10/24/2008
Case Type: Appeal - Civil - Child Support
Author: Not Available

Highlight: Order denying name change is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Clark v. Workforce Safety & Insurance, et al. 2008 ND 192
Docket No.: 20080089
Filing Date: 10/24/2008
Case Type: Appeal - Administrative - Workers Compensation
Author: VandeWalle, Gerald

Highlight: If there is conflicting medical evidence presented in a case, some of it favorable and some unfavorable to a claimant, WSI must adequately explain its reason for disregarding the favorable evidence when it reaches a conclusion less favorable to the claimant.