Opinions

State v. Everett 2008 ND 126
Docket No.: 20070074
Filing Date: 6/26/2008
Case Type: Appeal - Criminal - Sexual Offense
Author: Per Curiam

Highlight: Conviction of gross sexual imposition is summarily affirmed under N.D.R.App.P. 35.1(a)(1) and (3).

O'Connor v. Jensen 2008 ND 125
Docket No.: 20080035
Filing Date: 6/26/2008
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: Amended judgment modifying child support obligation is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Murphy v. State 2008 ND 124
Docket No.: 20070375
Filing Date: 6/26/2008
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: Order denying post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

State v. Ernst (Cross-reference 20040117 & 20060250) 2008 ND 123
Docket No.: 20070359
Filing Date: 6/26/2008
Case Type: Appeal - Criminal - Theft
Author: Per Curiam

Highlight: Order revoking probation is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

State v. Huber (Consolidated w/20080059) 2008 ND 122
Docket No.: 20080058
Filing Date: 6/26/2008
Case Type: Appeal - Criminal - DUI/DUS/APC
Author:

Highlight: Criminal judgments for DUI and DUS are summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7).

State v. Mastre 2008 ND 121
Docket No.: 20080029
Filing Date: 6/26/2008
Case Type: Appeal - Criminal - Misc. Felony
Author: Per Curiam

Highlight: A criminal judgment for terrorizing is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

State v. Mayer 2008 ND 120
Docket No.: 20080046
Filing Date: 6/26/2008
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Conviction for possessing marijuana, methamphetamine, and drug paraphernalia is summarily affirmed under N.D.R.App.P. 35.1(a)(3) and (7).

State v. Schmeets (Consolidated w/20070361) 2008 ND 119
Docket No.: 20070360
Filing Date: 6/26/2008
Case Type: Appeal - Criminal - Drugs/Contraband
Author: Per Curiam

Highlight: Order revoking probation is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4), and remanded to correct clerical errors.

Riemers, et al. v. State, et al. 2008 ND 118
Docket No.: 20070307
Filing Date: 6/26/2008
Case Type: Appeal - Civil - Torts (Negligence, Liab., Nuis.)
Author:

Highlight: A district court judgment awarding attorney fees for a prior appeal is summarily affirmed under N.D.R.App.P. 35.1(a)(7).

Red River Wings, Inc. v. Hoot, Inc. (Consolidated w/20070088 & 20070089) 2008 ND 117
Docket No.: 20070087
Filing Date: 6/20/2008
Case Type: Appeal - Civil - Contracts
Author: Kapsner, Carol

Highlight: Unambiguous contracts are particularly amenable to summary judgment.
Limited partners who participate in the business of the partnership or act in concert with the general partner are subject to the fiduciary duties of good faith, fair dealing, loyalty, and care applicable to partners in a general partnership.
Whether a person has breached a fiduciary duty is a question of fact.
Majority limited partners who control or act in concert with the general partner can be held personally liable to minority limited partners for damages for breach of fiduciary duties.
In the breach of a partnership contract by wrongful dissolution, the damages recoverable include the value of the profits the plaintiff otherwise would have received had the partnership not been wrongfully dissolved.
District courts are considered experts in determining what is a reasonable amount of attorney fees, and an award will not be reversed absent a clear abuse of discretion.
Whether interference with a contractual relationship is justified is a question of fact.
The doctrines of frustration of purpose and impossibility do not apply if the frustration or impossibility is caused by a party to the contract.
When an agreement does not specify an interest rate, the rate for prejudgment interest is 6 percent from the time the right to recover vested.